Pakistan Case Law← Search
2012 SCMR 1912

MUHAMMAD IQBAL alias LALI SARWAR and others vs MUHAMMAD IQBAL and others

Citation2012 SCMR 1912
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,145 of 2011 and Criminal Petition No,549-L of 2011
Date2012-01-20
Judge(s)Asif Saeed Khan Khosa, Gulzar Ahmed, Ijaz Ahmad Chaudhry, Ejaz Afzal
ResultLeave granted

ORDER

1. ASIF SAEED KHAN KHOSA, J.---The question involved in these petitions is as to whether upon his summoning by a trial Court in a case arising out of a private complaint an accused person needs to apply for bail in terms of sections 496, 497 and 498, Cr.P.C. Or in such a situation he is only to submit a bond for his appearance before the trial Court under section 91, Cr.P.C. It appears that in different judgments different notes have been struck by this Court on the subject and a reference in this respect may be made to the cases of Syed Muhammad Firdaus and others v. The State (2005 SCM R 784), Luqman All v. Hazaro and another (2010 SCM R 611) and Criminal Appeal No, 56 of 1986 (Raham Dad v. Syed Mazhar Hussain Shah) decided by this Court on 14-1-1987). At different times different High Courts had also rendered conflicting judgments on the issue. It is, therefore, imperative that such conflicts should be removed or resolved at the earliest so as to restore certainty in the matter for the guidance of all the courts in the country. In this view of the matter leave to appeal is granted in both these petitions and the Office is directed to fix the appeals for regular hearing at the earliest possible, preferably within a period of one month The petitioners in Criminal Petition No, 549-L of 2011 have already been admitted to ad interim pre-arrest bail by this Court vide order dated 11-8-2011. Their ad interim pre-arrest bail shall continue till the next date of hearing.

Cited by 3 cases

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search