| Case ID |
2c2c70f7-2978-4579-a557-3ec3c214afe6 |
| Body |
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| Case Number |
Crl. Misc. No. 733-B of 2009 |
| Decision Date |
Mar 04, 2008 |
| Hearing Date |
Mar 04, 2008 |
| Decision |
The Lahore High Court granted pre-arrest bail to the petitioners, Nazeer Ahmad and Muhammad Tayyab, confirming the previous bail order dated 25.02.2009. The court found that the complainant party had unlawfully trespassed into the petitioners' residence and initiated an attack, which was deemed a reaction to the complainant's actions. The court noted that the injuries attributed to the petitioners fell within the purview of a bailable offence, while the case against the co-accused did not meet the criteria for prohibition under Section 497(1) of the Criminal Procedure Code. The petitioners were required to furnish fresh bail bonds of Rs. 50,000 each with surety to the satisfaction of the trial court. |
| Summary |
In the case Crl. Misc. No. 733-B of 2009, the Lahore High Court dealt with a pre-arrest bail application involving Nazeer Ahmad and Muhammad Tayyab, who were accused in FIR No. 370 dated 09.11.2008 under various sections of the Pakistan Penal Code. The case revolved around a cross version where the petitioners claimed that the complainant party had unlawfully entered their home and initiated a violent encounter. The court's decision emphasized the importance of lawful self-defense and the rights of individuals against unlawful aggression. The ruling established significant precedents regarding pre-arrest bail in cases involving cross allegations, highlighting the court's commitment to ensuring justice and protecting the rights of the accused. Keywords such as 'pre-arrest bail', 'Lahore High Court', 'Pakistan Penal Code', 'criminal procedure', and 'self-defense' are pivotal for understanding the implications of this case in the legal framework. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AHSAN BHOON
|
| Lawyers |
Ch. Pervaiz Akhtar Gujjar,
Mr. Nadir Manzoor Duggle,
Qazi Khalid Pervaiz
|
| Petitioners |
Nazeer Ahmad,
Muhammad Tayyab
|
| Respondents |
ANOTHER,
STATE
|
| Citations |
2010 SLD 950,
2010 PLJ 685
|
| Other Citations |
2005 P.Cr.L.J 1768
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
498,
337-F(v),
337F(vi),
337-1(ii),
337A(i),
34
|