MLD 2026

2026 PLP 414 (MLD)

Muhammad Azam — Applicant Versus The State — Respondent

Jurisdiction / Court
Sindh
Decided Date
2025-August-12
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2026 PLP 414 (MLD)
Forum / Court Sindh
Bench Members N/A
Parties Muhammad Azam — Applicant 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 2026 PLP 414 (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 2026 PLP 414 (MLD)?

The case was heard and decided by the Sindh bench comprising: N/A.

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

Cite this legal precedent as: 2026 PLP 414 (MLD) (Muhammad Azam — Applicant 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

  • 4. Applicant Muhammad Azam son of Muhammad Aslam is present along with his Counsel to seek pre-arrest bail in Crime No. 575/2025 of PS Shah Latif District Malir, Karachi under Sections 147, 148, 149, 448, 511, 506, 504, 380, 457, 337A(i), P.P.C. It is contended that the FIR is filed by one Advocate and supported by two other Advocates. He has filed this bail application in the first instance before the High Court rather than the trial Court in Malir. He has relied upon the Judgment of Hon ble Supreme Court reported in PLD 2009 SC 427 and 2004 SCMR 1167 and two others passed by this (High) Court, namely a pre-arrest interim bail granting order dated 16.05.2025 in Cr. Bail Appln. No.1263/2025; and, another order dated 19.09.2024 for confirming bail in Cr. Bail Appln. No.1308/2024. In both orders passed by this (High) Court, the applicant / accused had attempted to surrender to the trial Court. I have read the application, and there is no articulation of such efforts in the Application. No effort is shown on the part of the applicant/accused to make any attempt to surrender before the competent Court to justify the pre-arrest interim bail which has been filed in the first instance before this (High) Court. No documentary evidence is annexed with the application to demonstrate any resistance on the part of the complainants or otherwise, or any breach of peace concerning the applicant/accused surrendering himself before the trial court. Therefore, no case of pre-arrest bail is made out in the facts and circumstances of the case.

Headnotes / Summary

Ss. 498 & 498-A

Penal Code (XLV of 1860), Ss. 380, 448, 457, 337-A(i), 504, 506, 511, 147, 148 & 149

Theft in a dwelling house, tent, or vessel, house trespass, lurking house-trespass or house-breaking by night to commit an offence, causing shajjah-i-khafifah, intentional insult with intent to provoke breach of the peace, criminal intimidation, rioting, rioting armed with deadly weapons, unlawful assembly

Pre-arrest bail

Protective ad-interim pre-arrest bail, grant of

Accused sought protective ad-interim pre-arrest bail to enable him to appear before the Court

No effort was shown on the part of the applicant/accused to make any attempt to surrender before the competent Court to justify the pre-arrest interim bail which had been filed in the first instance before the High Court

No documentary evidence was annexed with the application to demonstrate any resistance on the part of the complainants or otherwise, or any breach of peace concerning the applicant/accused surrendering himself before the Trial Court

Therefore, no case of pre-arrest bail was made out in the facts and circumstances of the case

Pre-arrest bail was converted into a protective bail and the applicant was granted protective bail for 15 days

Applicant was to surrender before the Trial Court

Petition was disposed of.

Judgment & Decree

Jawad Akbar Sarwana, J.

Urgency is granted.

2. Overruled.

3. Exemption is granted subject to all exceptions.

4. Applicant Muhammad Azam son of Muhammad Aslam is present along with his Counsel to seek pre-arrest bail in Crime No. 575/2025 of PS Shah Latif District Malir, Karachi under Sections 147, 148, 149, 448, 511, 506, 504, 380, 457, 337A(i), P.P.C. It is contended that the FIR is filed by one Advocate and supported by two other Advocates. He has filed this bail application in the first instance before the High Court rather than the trial Court in Malir. He has relied upon the Judgment of Hon ble Supreme Court reported in PLD 2009 SC 427 and 2004 SCMR 1167 and two others passed by this (High) Court, namely a pre-arrest interim bail granting order dated 16.05.2025 in Cr. Bail Appln. No.1263/2025; and, another order dated 19.09.2024 for confirming bail in Cr. Bail Appln. No.1308/2024. In both orders passed by this (High) Court, the applicant / accused had attempted to surrender to the trial Court. I have read the application, and there is no articulation of such efforts in the Application. No effort is shown on the part of the applicant/accused to make any attempt to surrender before the competent Court to justify the pre-arrest interim bail which has been filed in the first instance before this (High) Court. No documentary evidence is annexed with the application to demonstrate any resistance on the part of the complainants or otherwise, or any breach of peace concerning the applicant/accused surrendering himself before the trial court. Therefore, no case of pre-arrest bail is made out in the facts and circumstances of the case. Without touching the merits of the case, this pre-arrest bail is converted into a protective bail, and the applicant above named is granted protective bail for 15 days from today, subject to furnishing a solvent surety in the sum of Rs.50,000/- and a PR bond in the like amount to the satisfaction of the Nazir of this Court. This protective bail shall remain in force for 15 days from today or the date on which the applicants will surrender before the trial court, whichever is earlier. The Cr. Bail Application is treated as a protective bail application and is disposed of. JK/M-111/Sindh Order accordingly.