MLD 2008

2008 PLP 482 (MLD)

MUHAMMAD ASLAM — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
Lahore
Decided Date
Criminal Miscellaneous No. 9366-B of 2005, decided on 18th January, 2006.
Honorable Judges
M.A. Shahid Siddiqui, J
Case Reference Summary (AEO Optimized)
Citation 2008 PLP 482 (MLD)
Forum / Court Lahore
Bench Members M.A. Shahid Siddiqui, J
Parties MUHAMMAD ASLAM — Petitioner Versus THE STATE — Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2008 PLP 482 (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 2008 PLP 482 (MLD)?

The case was heard and decided by the Lahore bench comprising: M.A. Shahid Siddiqui, J.

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

Cite this legal precedent as: 2008 PLP 482 (MLD) (MUHAMMAD ASLAM — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Muhammad Amir Khan Niazi for Petitioner.

Headnotes / Summary

S.497

Penal Code (XLV of 1860), Ss.337-A(i), 337-F(v), 337-L(ii), 148 & 149

Bail, grant of

Police during the investigation of the case, came to the conclusion that accused was empty-handed at the relevant time

Offences with which accused had been charged did not fall within the prohibitory clause of S.497, Cr.P.C.

Incomplete challan had been submitted in the competent court of law

Some of accused persons being still at large, accused could not be detained for an indefinite period

Accused was ordered to be released on bail, in circumstances. Muhammad Afzal Awan with Abdul Rehman, SI with record for the State.

Judgment & Decree

M.A. SHAHID SIDDIQUI, J.

Muhammad Aslam-petitioner through this miscellaneous petition has prayed for his release on post-arrest bail in a' case under sections 337-A(i), 337-F(v), 337-L(2), 148, 149, P.P.C. registered on 6-10-2005 at Police Station Mitha Tiwana, District Khushab vide F.I.R. No.181 of 2005. AS many as 15 persons including the petitioner, who were variously armed, have allegedly assaulted and injured Muhammad Asghar and Fateh Sher on 3-10-2005 at about 1-00 p.m. Both the injured got themselves medically examined on the same day but the matter was reported to the police on 6-10-2005.

2. I have heard the learned counsel for the parties and have gone through the record. During the investigation of the case, the police came to the conclusion that the petitioner was empty-handed at the relevant time. The offences with which the petitioner has been charged do not fall within the prohibitory clause. Incomplete challan has been submitted in the competent Court of law. Some of the accused are still at large. The petitioner cannot be detained for indefinite period.

3. In view of the above, this petition is accepted and the petitioner is ordered to be released on bail subject to furnishing bail bond in the sum of Rs. 20,000 (Rupees Twenty Thousand) with one surety in the like amount to the satisfaction of the Trial Court. H.B.T./M-553/L Bail granted.