| Case ID |
11a6093b-db68-4763-93d3-6e9e5acb101f |
| Body |
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| Case Number |
Criminal Miscellaneous No. 7573/B of 2012 |
| Decision Date |
Jun 19, 2012 |
| Hearing Date |
Jun 11, 2012 |
| Decision |
The Lahore High Court granted pre-arrest bail to the petitioners Muhammad Sadiq, Muhammad Afzal, and Muhammad Siddique, who were accused of theft under Section 380 of the Pakistan Penal Code. The court noted that three co-accused had already been granted bail, and the complainant's delay in filing the FIR raised questions about the legitimacy of the case. It was highlighted that a civil suit regarding financial transactions between the parties was pending, which indicated that the criminal allegations might be motivated by mala fides. The court confirmed the interim bail previously granted, ensuring protection for the petitioners against unlawful arrest and treatment by the police. |
| Summary |
In the Lahore High Court case involving pre-arrest bail, the court addressed allegations against petitioners Muhammad Sadiq, Muhammad Afzal, and Muhammad Siddique regarding theft. The ruling emphasized the importance of due process, noting that the complainant's actions indicated possible mala fides, especially considering a civil suit was ongoing. The court found the police's actions in apprehending one of the petitioners to be illegal and confirmed the pre-arrest bail to protect the petitioners from further unlawful treatment. This case underscores the intersection of criminal and civil law, highlighting the necessity for a fair judicial process. Key terms include pre-arrest bail, criminal procedure, and mala fides, which are essential for understanding the legal implications and protections afforded to individuals in similar situations. |
| Court |
Lahore High Court
|
| Entities Involved |
Provincial Police Department,
Civil Court
|
| Judges |
IBAD UR REHMAN LODHI, J
|
| Lawyers |
Mian Arshad Ali Mahar,
Ch. Karamat Ali,
Humayun Rashid
|
| Petitioners |
MUHAMMAD SADIQ,
MUHAMMAD SIDDIQUE,
MUHAMMAD AFZAL
|
| Respondents |
THE STATE,
|
| Citations |
2012 SLD 245,
2012 PCRLJ 1655
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
498,
380
|