2011 SCMR 1513 (PLP)
MUHAMMAD MUDDASAR — Petitioner Versus THE STATE and others — Respondents
| Citation | 2011 SCMR 1513 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani, Mian Saqib Nisar and Asif Saeed Khan Khosa, JJ |
| Parties | MUHAMMAD MUDDASAR — Petitioner Versus THE STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 SCMR 1513 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1513 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani, Mian Saqib Nisar and Asif Saeed Khan Khosa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1513 (PLP) (MUHAMMAD MUDDASAR — Petitioner Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Riaz Ahmad, Advocate Supreme Court and C.M. Latif, Advocate-on-Record for Petitioner.
- Date of hearing: 28th June, 2011.
Headnotes / Summary
(Against the order dated 23-5-2011 of the Lahore High Court, Lahore passed in Criminal Miscellaneous No. 5619-B of 2011).
Ss. 498 & 204
Effect
Accused was declared innocent during investigation and initially Trial Court had merely issued summons in private complaint
Pre-arrest bail was allowed. Asjad hived Ghural, Additional P.-G. for the State.
Judgment & Decree
Learned Additional Prosecutor-General submits that the learned trial Court has merely summoned the petitioner in a private complaint and there is no order of his arrest. Adds that even the Investigating Officer, present in Court, does not want to arrest the petitioner.
2. Learned counsel for the petitioner submits that petitioner was prompted to move the pre-arrest bail petition because the learned 'Trial Court notwithstanding the initial order of summoning the petitioner directed his arrest.
3. Admittedly the petitioner was declared innocent during investigation and initially the learned trial Court had merely issued summons. In this view of the matter, we are inclined to convert this petition into appeal and allow the same and subject to petitioner's furnishing bail bonds in the suns of Rs. 50,000 with two sureties in the like amount to the satisfaction of learned trial Court, he is admitted to pre-arrest bail. It is however, made clear that in case he misuses the concession of bail, it would be open for the trial Court to cancel the same after hearing him. M.H./M-59/SC Bail allowed.