P L D 1978 Lahore 796 (PLP)
MUHAMMAD ASLAM AND 6 OTHERS -Petitioners Versus THE STATE-Respondent
| Citation | P L D 1978 Lahore 796 (PLP) |
| Forum / Court | |
| Bench Members | Gulbaz Khan, J |
| Parties | MUHAMMAD ASLAM AND 6 OTHERS -Petitioners Versus THE STATE-Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in P L D 1978 Lahore 796 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1978 Lahore 796 (PLP)?
The case was heard and decided by the bench comprising: Gulbaz Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1978 Lahore 796 (PLP) (MUHAMMAD ASLAM AND 6 OTHERS -Petitioners Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghulam Hussain Qureshi for Petitioners.
Headnotes / Summary
S. 497/498-Bail-No order passed by Sessions Judge regarding detention of accused in jail when accused petitioners brought before him on case being forwarded to him by relevant Magistrate-Petitioners having been kept in judicial custody without any order, detention of petitioners, held, illegal and accused entitled to be released on bail. Shadi Khan v. Muhammad Saleem and 3 others P L D 1978 S C 38 held not applicable. Haji Ali Hazoor for the State.
Judgment & Decree
Resident Magistrate, Pind Dadan Khan, forwarded the case against the petitioners to the learned Sessions Judge Jhelum, and gave direction that the accused shall be produced there on 16-6-1977. It is contended that the accused were committed to jail the same day without any valid order. A query was made from the learned Sessions Judge as to whether any remand order had been passed by the learned Sessions Judge or not. A report has been received from the learned Sessions Judge to the effect that no order appears to have been passed on his file on 16-6-1977 or subsequently. Thus, it is quite evident that the petitioners are in jail without any remand order. The case titled Shadi Khan v. Muhammad Saleem and 3 others (P L J 1978 S C 38) is not applicable to the facts of this case. Since the petitioners are being kept in judicial custody without any order and their detention being illegal, I admit them to bail in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction of A. C., Jhelum.