PCRLJ 1968

1968 P Cr (PLP)

ABDUL REHMAN AND ANOTHER‑-Petitioners Versus THE STATE‑‑Respondent

Jurisdiction / Court
Baghdad‑ul‑Jadid
Decided Date
Criminal Miscellaneous No. 186 of 1968/BWP decided on 1st June 1968.
Honorable Judges
M. Jamil Asghar, J
Case Reference Summary (AEO Optimized)
Citation 1968 P Cr (PLP)
Forum / Court Baghdad‑ul‑Jadid
Bench Members M. Jamil Asghar, J
Parties ABDUL REHMAN AND ANOTHER‑-Petitioners Versus THE STATE‑‑Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1968 P Cr (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1968 P Cr (PLP)?

The case was heard and decided by the Baghdad‑ul‑Jadid bench comprising: M. Jamil Asghar, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1968 P Cr (PLP) (ABDUL REHMAN AND ANOTHER‑-Petitioners Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • A. Hameed for Petitioners.

Headnotes / Summary

Criminal Procedure Code (V of 1898), S. 498 read with S. 497‑--Bail before arrest‑--Power of High Court to grant bail under S. 498‑--Subservient and ancillary to S. 497 which limits power to grant bail to considerations of old age, physical infirmity or sex--‑No such consideration applicable in case‑--Bail refused. Muhammad Ayub v. Muhammad Yaqoob P L D 1966 S C 1003 fol. Mustafa Khan for the State.

Judgment & Decree

Criminal Procedure Code (V of 1898), S. 498 read with S. 497‑--Bail before arrest‑--Power of High Court to grant bail under S. 498‑--Subservient and ancillary to S. 497 which limits power to grant bail to considerations of old age, physical infirmity or sex--‑No such consideration applicable in case‑--Bail refused. Muhammad Ayub v. Muhammad Yaqoob P L D 1966 S C 1003 fol. A. Hameed for Petitioners. Mustafa Khan for the State. The offence alleged to have been committed by the petitioners falls under section 307, P. P. C. which is punishable with transportation far life. It has been held in case Muhammad Ayub v. Muhammad Yaqoob (P L D 1966 S C 1003) that the power of the High Court to grant bail under section 498, Cr, P. C. is subservient and ancillary to section 497, Cr. P. C., which limits the power to grant bail in a case punishable with death or transportation for late to old age physical infirmity or sex. Prima facie none of these considerations are applicable to the present case. The bail application is accordingly dismissed. Petition dismissed.