Citation Name: 2023 PCrLJ 290 LAHORE-HIGH-COURT-LAHOREBookmark this Case Malik AZMAT ULLAH vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior art — 2023 PCrLJ 290 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PCrLJ 290 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PCRLJ
Parties: Citation Name: 2023 PCrLJ 290 LAHORE-HIGH-COURT-LAHOREBookmark this Case Malik AZMAT ULLAH vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior art
Subject matter: Criminal
Provisions referred to: S. 561-; S. 498; Criminal Procedure Code (V of 1898); Criminal Procedure Code

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

Citation Name: 2023 PCrLJ 290 LAHORE-HIGH-COURT-LAHOREBookmark this Case Malik AZMAT ULLAH VS FEDERATION OF PAKISTAN through Secretary, Ministry of Interior art. 199---Criminal Procedure Code (V of 1898), Ss. 498 & 561-a---Protective/transitory bail---Petitioner sought protective/transitory bail at the time of his arrival in Pakistan for himself to approach Court of competent jurisdiction to seek pre-arrest bail---Validity---Courts are guardians of fundamental rights of people and art. 199 of the Constitution empowers High Courts to issue appropriate direction for their enforcement---When petitioner was outside Pakistan and wished to surrender before Courts of the country to face criminal proceeding those were pending against him, High Court had ample powers to protect petitioner from being arrested on his arrival and allowed him transitory bail---Protective bail was justified because without it petitioner could choose not to surrender at all and to remain a fugitive--- Constitutional petition was allowed, in circumstances. Citation Name: 2023 PCrLJ 290 LAHORE-HIGH-COURT-LAHOREBookmark this Case Malik AZMAT ULLAH VS FEDERATION OF PAKISTAN through Secretary, Ministry of Interior art. 199---Criminal Procedure Code (V of 1898), Ss. 498 & 561-a---Constitutional petition---Protective bail---Object, purpose and scope---No provision for protective bail exists in Criminal Procedure Code, 1898---High Courts have invoked S. 561-a, Cr.P.C. and art. 199 of the Constitution to accommodate accused persons to enable them to approach concerned Court for a remedy---High Court does not touch merits of the case while allowing such requests---Protective bail has a limit purpose and is for a fixed---Such bail is not in the nature of anticipatory or pre-arrest bail granted under S. 498, Cr.P.C.---When accused appears before concerned Court, it deals with him independently and protective bail does not entitle him to pre-arrest bail as of right.

Other judgments reported in 2023 PCRLJ

2023 PCrLJ 1115 QUETTA-HIGH-COURT-BALOCHISTANNOOR ZAMAN VS State Site plan---Scope---Site plan is not a substantive piece of evidence to be used to contradict or counter the ocular acco…
2023 PCrLJ 583 KARACHI-HIGH-COURT-SINDHFAREED AHMED VS State S. 6---Prohibition of possession of narcotic drugs---Scope---Word "possession" has been used in the Control of Narcoti…
2023 PCrLJ 1146 KARACHI-HIGH-COURT-SINDHBARKAT ALI VS State Benefit of doubt---Principle---If a single doubt created reasonable doubt in a prudent mind about the guilt of the accus…
2023 PCrLJ 496 PESHAWAR-HIGH-COURTFAKHAR ZAMAN VS State S. 497---prevention of electronic Crimes Act (XL of 2016), Ss.20, 21 & 24---Dignity of natural person, modesty of natu…
2023 PCrLJ 522 KARACHI-HIGH-COURT-SINDHDANISH VS State Ss. 354, 376(2), 337-J, 342 & 506(2)---prevention of electronicCrimes Ordinance (LXXII of 2007), S. 13(2)---Juvenile Justice…
2023 PCrLJ 1092 ISLAMABADJAVAD KHAN VS State Ss. 29 & 44---Penal Code (XLV of 1860), Ss. 419 & 420---Two sets of offences, cognizance of---Principle---Federal Invest…

Back to the case-law library · Search Pakistani case law in Urdu or English