BILAL AZAM vs MUHAMMAD HAQ NAWAZ S — 2024 PCrLJ 645 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 PCrLJ 645 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: PCRLJ
Parties: BILAL AZAM vs MUHAMMAD HAQ NAWAZ S
Subject matter: Criminal
Provisions referred to: S. 401; S. 337-N; Penal Code (XLV of 1860)

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

BILAL AZAM VS MUHAMMAD HAQ NAWAZ S. 401(4-a)---Penal Code (XLV of 1860), Ss. 337-N(2), 337-a(iii), 337-L(2), 447, 511, 427, 147 & 149---Shajjah-i-hashimah, rash and negligent act, criminal trespass, attempt to commit offence, mischief causing damage to the amount of fifty rupees, rioting and unlawful assembly---Inherent power of High Court---Quashing of conditional order---Scope---Trial Court while declining post arrest bail to the petitioner on merits, ordered for his release on bail by extending benefit of S. 337-N(2), P.P.C., subject to deposit of "arsh" amounting to Rs.2,35,000/- ---Validity---as per subsection (4-a) of S. 401, Cr.P.C, Criminal Court can pass conditional order to restrict the liberty of any person or to impose any liability upon him or his property---Obviously, bail is the matter which restricts the liberty of a person, therefore, if the circumstances warrant, a condition can be imposed while granting bail to an accused but such condition should not be illegal or unreasonable, it must be accepted and be one to be fulfilled by him or one independent of his will---Imposing a condition while granting bail is rooted in the system and occasionally helps the parties to avoid rigors of criminal process or facilitates them to settle their issues privately through alternate Dispute Resolution process and that process is the need and demand of the time---Revision petition was dismissed accordingly.

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