Case Details

Citation(s)
2024 SLG 2825 2024 SLD 2825 2024 PCRLJ 645
Lahore High Court
Criminal Revision No. 22527 of 2020, heard on 17th June, 2022.Date of hearing: 17th June, 2022.
Before Muhammad Amjad Rafiq, J
Mian Zulfiqar Ali for Petitioner. Muhammad Moin Ali, Deputy Prosecutor General for the State. Mubashir Iqbal Tarar for the Complainant.

BILAL AZAM---Appellant

VS

MUHAMMAD HAQ NAWAZ and another---Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 401(4-A)

Law: Penal Code (XLV of 1860)

Section: 337-N(2),337-A(iii),337-L(2),447,511,427 ,147,149

Criminal Procedure Code (V of 1898)--- ----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. Haji Maa Din and another v. The State 1998 SCMR 1528; Ali Akhtar v. The State and another 2013 PCr.LJ 487; Attaullah v. Abdur Razaq and another PLD 2002 SC 534 and The State v. Muhammad Umar alias Chotoo 2003 PCr.LJ 216 ref. Ali Muhammad v. The State PLD 2009 Lah. 312; Shahid Sultan Durrani v. The State and others 2021 SCMR 827; Faizan Rehmat v. The State 2021 PCr.LJ 235; Maryam Nawaz Sharif v. Chairman NAB PLD 2020 Lah. 205; Gul Muhammad v. Abdul Rashid 2016 YLR 2845; Inayat Ullah v. The State 2015 PCr.LJ 1575; Allah Nawaz v. The State 2010 YLR 1200; Cool Industries (Pvt.) Ltd. through Manager v. Shafique Ahmed 2010 MLD 435; Waseem Zia v. The State 2007 YLR 249; Inamul Haq v. Judge, Special Court, Lahore PLD 2005 Lah. 79; Muhammad Saeed v.…
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