2025 PLP 1825 (YLR)
Muhammad Shahbaz and others — Petitioners Versus The State and another — Respondents
| Citation | 2025 PLP 1825 (YLR) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Muhammad Shahbaz and others — Petitioners Versus The State and another — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2025 PLP 1825 (YLR)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2025 PLP 1825 (YLR)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2025 PLP 1825 (YLR) (Muhammad Shahbaz and others — Petitioners Versus The State and another — Respondents). 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. 295, 452, 427, 337-A(i), 337-A(ii), 337-F(i), 337-L(2), 148 & 149
Religious desecration and insults to religious beliefs, house-trespass after preparation for hurt, assault, or wrongful restraint, mischief causing damage of fifty rupees or more, shajjah-i-khafifah, shajjah-i-mudihah, ghayr-jaifah-damiyah, causing hurt, rioting armed with deadly weapons, unlawful assembly
Pre-arrest bail, confirmation of
Mala fide on the part of complainant
Allegation against the petitioners was that they along with their co-accused while armed with their respective weapons entered into a Masjid (mosque), used derogatory remarks and caused injuries to the complainant party
All the offences except Ss. 452 & 337-A(ii) P.P.C were bailable
Injury declared under S.337-A(ii), P.P.C on the head of the complainant, was jointly attributed to two petitioners and the police file was silent in that regard as to who caused the said injury
Question whether the provisions of S.452, P.P.C were attracted against the petitioners or not would be answered by the Trial Court after recording of evidence
Petitioners were not involved in any other case of such like nature
No useful purpose would be served by sending the petitioners behind the bars
Liberty of a person is a precious right which has been guaranteed by the Constitution
Court could even look into and evaluate the mala fide (of complainant) from the facts and circumstances of the case, which apparently was oozing in the present case
Mala fide on the part of the complainant for false implication of the petitioners could not be ruled out
Petition was allowed and ad-interim pre-arrest bail already allowed to the petitioners was confirmed, in circumstances.
Ss. 497 & 498
Scope
Observations made in a bail order are purely tentative in nature and relevant only for the disposal of bail petition, which should not influence the Trial Court in any manner whatsoever.
Judgment & Decree
Shehram Sarwar Ch., J.
Muhammad Shahbaz, Muhammad Riaz, Muhammad Waqas, Muhammad Sajid, Wasim Younus, Muhammad Saad, Bilal Iqbal, Muhammad Alam, Ali Hassan, Abdul Manan Rasheed, Mudassir Hussain, Jaffar Ali, Muhammad Imran, Muhammad Zohaib. Muhammad Shakeel, Muhammad Anwar, Ahmed Ali, Kaleem Ullah and Hammad Zeenat, petitioners seek pre-arrest bail in case FIR No.119 dated 20.03.2024, offence under Sections 295, 452, 427, 337-A (ii), 337-A (i), 337-F(i) and 337-L(2), 148 and 149 P.P.C, registered at Police Station Saddar Shakkargarh District Narowal.
2. Precisely the allegation against the petitioners is that they along with their co-accused while armed with their respective weapons entered into the Masjid Bilal Mohallah Rasool Pura Ghamtala, used derogatory remarks and caused injuries to the complainant party.
3. Heard. Record perused.
4. As apprised by learned Law Officer, all the offences except Sections 452 and 337-A (ii) P.P.C. are bailable. The injury declared under Section 337-A (ii) P.P.C. on the head of Ghulam Rasool, complainant, is jointly attributed to Muhammad Riaz, petitioner No.2 and Muhammad Waqas, petitioner No.3 and the police file is silent in that regard as to who caused the said injury on the head of complainant. The question whether the provisions of Section 452 P.P.C are attracted against the petitioners or not would be answered by the learned trial Court after recording of evidence. The petitioners are not involved in any other case of such like nature. No useful purpose would be served by sending the petitioners behind the bars. Liberty of a person is a precious right which has been guaranteed by the Constitution of Islamic Republic of Pakistan, 1973. It is a settled principle of law that the Court can even look into and evaluate the mala fide from the facts and circumstances of the case, which apparently oozing in this case from the facts and circumstances discussed above. In this regard, reliance is placed on the case laws reported as "Ajmal Khan v. Liaqat Hayat and another" (PLD 1998 SC 97) and "Syed Muhammad Firdaus and others v. The State" (2005 SCMR 784).
5. For what has been observed above, mala fide on the part of the complainant for false implication of the petitioners cannot be ruled out. Therefore, this petition is allowed and ad-interim pre-arrest bail already allowed to the petitioners is hereby confirmed subject to their furnishing fresh bail bonds in the sum of Rs.1,00,000/- (rupees one lakh only) each with one surety each in the like amount to the satisfaction of learned trial court.
6. Before parting with this order, it is clarified that the observations made in this order are purely tentative in nature and relevant only for the disposal of this bail petition, which shall not influence the learned trial court in any manner whatsoever. JK/M-39/L Bail confirmed.