2017 PLP 347 (MLD)
MUHAMMAD ALI HASAN — Applicant Versus The STATE — Respondent
| Citation | 2017 PLP 347 (MLD) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | MUHAMMAD ALI HASAN — Applicant Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 347 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 347 (MLD)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 347 (MLD) (MUHAMMAD ALI HASAN — Applicant Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss. 302, 322, 435, 436, 337 & 34
Qatl-i-amd, qatl-bis-Sabab, mischief by fire or explosive substance with intent to destroy house, shajjah, common intention
Accused neither had been nominated in FIR nor the police charge-sheeted him
Accused was patient of lymphoma (Cancer)
Trial court instead of passing interim bail order on his pre-arrest bail application, issued notice to prosecution and in such a way the very purpose of interim pre arrest bail application was frustrated
High Court, without touching the merits and demerits of the case, admitted the accused to protective bail subject to furnishing surety bond till passing of the order by the trial court on interim pre-arrest bail application
Trial court was directed to decide the pending pre-arrest bail application within the period of ten days.
Judgment & Decree
SYED MUHAMMAD FAROOQ SHAH, J.
1. Urgent motion is accorded.
2. Deferred.
3. Exempted subject to all just exceptions.
4. Learned Counsel representing the applicant at the outset submits that neither the name of the applicant transpires in the FIR nor the police charge sheeted him by submitting report under Section 173, Cr.P.C. Learned Counsel next contends that the applicant is chronic patient of Lymphoma (Cancer) and was proceeding abroad for his treatment but he was off loaded at Karachi International Airport as he was restrained to proceed abroad by the law enforcement agencies including Immigration department. Learned Counsel further says that the learned Additional District and Sessions Judge-V, Karachi (West) instead of passing any pre-arrest bail order including interim order on the Bail Application No. 1306/2016 filed by the applicant, issued notice to Prosecutor; and in such way, the very purpose of filing of interim pre-arrest bail application was frustrated. Consequently, instant pre-arrest bail application is converted into protective bail application. Office to assign protective bail application number to the instant pre-arrest bail application. In the circumstances, without adverting to the merits and demerits of the case, the applicant Muhammad Ali Hassan is admitted to protective bail in case Crime No. 343/2012, under Sections 302/322/ 435/436/337/34, P.P.C. subject to his furnishing solvent surety in the sum of Rs.50,000/- and PR Bond in the like amount to the satisfaction of Nazir of this Court. This order of protective bail shall intact till passing the order by the trial Court on interim pre-arrest bail application mentioned above. The concerned trial Court is directed to expedite and decide the pre-arrest bail application filed by the applicant within ten days from today. It need not to iterate that while entertaining anticipatory bail, the Sessions Judges are required to pass the pre-arrest bail order where the accused persons approach the Courts with assertion of their implication with mala fide intention and ulterior motive, by showing apprehension of their humiliation, disgrace and maltreatment from the hands of police on imminent arrest. This bail application stands disposed of in the above terms. JK/M-142/Sindh Bail granted.