2009 PLP 1662 (YLR)
Malik MUHAMMAD AFZAL — Petitioner Versus MANAGER AUQAF (MALIK GHULAM HYDER) BAHAWALPUR and others — Respondents
| Citation | 2009 PLP 1662 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Zubda-Tul-Hussain, J |
| Parties | Malik MUHAMMAD AFZAL — Petitioner Versus MANAGER AUQAF (MALIK GHULAM HYDER) BAHAWALPUR and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 1662 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 1662 (YLR)?
The case was heard and decided by the Lahore bench comprising: Zubda-Tul-Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1662 (YLR) (Malik MUHAMMAD AFZAL — Petitioner Versus MANAGER AUQAF (MALIK GHULAM HYDER) BAHAWALPUR and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Muhammad Sohail Iftikhar for Petitioner.
- Muhammad Shamsheer Chughtai for Respondents.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss.448 & 506
Protective/transitory bail, grant of
Alleged detenu was on ad interim pre-arrest bail, which, because of his appearance before the High Court and his absence from the concerned court had been dismissed
Every apprehension existed that he would immediately be arrested by the Police
Counsel for the petitioner had requested for protective bail of alleged detenu enabling him to approach the concerned court so that he could surrender himself before the court of competent jurisdiction for the relief of pre-arrest bail--Request seemed to be genuine
Alleged detenu was admitted to protective/transitory bail till specified date so that he could surrender himself and submit his application for pre-arrest bail before the court of competent jurisdiction
Said order of protective bail would stand vacated automatically after specified date. Ch. Shafi Muhammad Tariq, A.A.-G. Abdul Jaleel Sajid, Bailiff of Court.
Judgment & Decree
ZUBDA-TUL-HUSSAIN, J.--Pursuant to the order dated 27-10-2008 the alleged detenus namely Malik Adnan son of Haji Muhammad Iqbal Akhtar and Muhammad Imran son of Manzoor Ahmad, have been produced before the Court. The detailed report of the Bailiff has been perused. Both of them are, therefore, set -at-liberty.
2. The contentions of both the parties and their learned counsel have been heard at length. Keeping in view the history of the case narrated by them and the circumstances stated by the Bailiff as well as the allegations levelled in the petition, it seems appropriate that the copy of the writ petition along with this order and the report of the Bailiff be transmitted to the D.P.O. Bahawalpur for necessary action in accordance with law because the matter involves such factual inquiry which cannot be determined by this Court in exercise of the writ jurisdiction under Article 199 of the Constitution.
3. Accordingly a copy of the writ petition and the report of the Bailiff shall be transmitted to the D.P.O. Bahawal pur. He is directed to look into the matter for such necessary action as may be envisaged in the matter in accordance with law.
4. It has been told by the learned counsel that aforesaid person i.e. Malik Adnan was on ad-interim pre-arrest bail which because of his appearance before this Court and his absence from the concerned learned Court has been dismissed and there is every apprehension that he shall immediately be arrested by the police. The learned counsel for the petitioner has requested for his protective bail in case F.I.R. No.468-2008, dated 12-10-2008, under sections 448, 506 P.P.C. enabling to Malik Adnan son of Haji Iqbal Akhtar to approach the concerned Court, so that he may surrender himself before the Court of competent jurisdiction for the relief of pre-arrest bail. The request seems to be genuine. The aforesaid Malik Adnan is admitted to protective/transitory bail till 31-10-2008 so that he may surrender himself and submit his application for pre-arrest bail before the Court of competent jurisdiction. The order of protective bail shall stand vacated automatically after the said date.
5. The writ petition stands disposed of. H.B.T./M-267/L Order Accordingly.