| Case ID |
374f8456-dd5e-4351-9586-eef58847e6d4 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 7524-BC of 2005 |
| Decision Date |
Jan 30, 2006 |
| Hearing Date |
|
| Decision |
The Lahore High Court upheld the order of the Addl. Sessions Judge, Sialkot, concerning the issuance of summons and bail bonds. The court clarified that Sections 91 and 204 of the Criminal Procedure Code are applicable not only to private complaints but also to cases based on an FIR. It reinforced that the purpose of Section 91 is to ensure the presence of the accused who are directed to execute bonds. The court dismissed the petition for cancellation of bail filed by the petitioner, stating that the procedural requirements were followed correctly and the legal provisions cited were applicable to the circumstances of the case. |
| Summary |
This case pertains to the procedural aspects of bail and summons under the Criminal Procedure Code of Pakistan. The Lahore High Court reviewed the application for cancellation of bail filed by the petitioner, Muhammad Ijaz, against the respondents including Nadeem and others. The court emphasized the interpretation of relevant sections of the Criminal Procedure Code, particularly Section 91, which allows a court to require a person to execute a bond for appearance. The ruling clarified that this section is not limited to cases initiated via private complaints but is also applicable to cases stemming from FIRs. The decision also involved references to significant legal precedents, asserting the broader applicability of the law. The judgment ultimately upheld the previous orders of the Addl. Sessions Judge, emphasizing adherence to legal protocol and ensuring the presence of the accused in court proceedings. Keywords include 'bail cancellation', 'Criminal Procedure Code', 'Lahore High Court', 'summons issuance', and 'legal interpretations'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED SHABBAR RAZA RIZVI, J
|
| Lawyers |
Muhammad Azhar Chaudhary for Petitioner,
Munir Ahmad Bhatti for Respondents,
Mehmood Ahmad Rehan for the State with Khalid, S.I
|
| Petitioners |
MUHAMMAD IJAZ
|
| Respondents |
3 others,
NADEEM
|
| Citations |
2006 SLD 599,
2006 PLD 227
|
| Other Citations |
2005 PCr.LJ 768,
2005 P.Cr.LJ 505,
Mazhar Hussain Shah v. State 1986 PCr.LJ 2359,
Ajit Singh v. State AIR 1970 Dehli 155,
Madhu Umaye v. S.D.M. 1971 I.Cr.LJ 1720,
AIR 1971 SC 2486
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497(5),
497,
91,
204,
200,
205,
190,
302
|