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MUHAMMAD NADEEM vs MUHAMMAD KHURRAM IQBAL S — 2022 SCMR 1168 SUPREME-COURT

Case information

Citation
2022 SCMR 1168 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
MUHAMMAD NADEEM vs MUHAMMAD KHURRAM IQBAL S
Subject matter
Criminal
Provisions referred to
S. 497; S. 498---C; Private Money Lending Act (VI of 2007)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD NADEEM VS MUHAMMAD KHURRAM IQBAL S. 497(5)---Punjab Prohibition of Private Money Lending Act (VI of 2007), Ss. 3 & 4---Constitution of Pakistan, Art. 185(3)---Prohibition on private money lending---Pre-arrest bail, cancellation of---High Court granted pre-arrest bail to accused on basis of an arbitration deed between the complainant/petitioner and the accused, wherein the complainant had stated that the accused was not involved in any money lending and an amount of Rs.44,700/- was still outstanding towards the accused---Said deed confirmed that there was a dispute between the parties over payment of some outstanding amount---Upon a direction issued by the Supreme Court, the concerned District Police Officer confirmed that the impugned deed/affidavit, relied upon by the High Court was secured by the accused, through means stained with duress and coercion, an act by itself constituting an offence under the law---Petition for leave to appeal was converted into appeal and allowed, and pre-arrest bail granted to the accused was cancelled. Head NotesCase Description Citation Name: 2022 SCMR 1168 SUPREME-COURTBookmark this Case MUHAMMAD NADEEM VS MUHAMMAD KHURRAM IQBAL S. 498---Constitution of Pakistan, Art. 185(3)---Pre-arrest bail---Scope---Protection of pre-arrest bail is essentially a judicial protection to protect the innocent, being targeted through abuse of process of law for motives, oblique and sinister; it is neither a substitute for post arrest bail nor a treatment to be extended in every run of the mill criminal case; it is an option that warrants caution in its exercise. Head NotesCase Description

Other judgments reported in 2022 SCMR

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