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AFTAB AHMAD versus STATE


Criminal Code of Conduct (CRPC) Section 498 pre-arrest bail, applicant's bail was not dealt with before the session judge's eligibility for arrest, petitioner filed a motion to transfer the session judge for bail. Protected for the week, if advised

1983 P Cr. LJ 2155

[Lahore]

Before Muhammad Munir Khan, J

AFTAB AHMAD‑Petitioner

Versus

THE STATE‑Respondent

Criminal Miscellaneous No. 2341‑B of 1981, decided on .2nd September, 1981.

Criminal Procedure Code (V of 1898)‑

‑‑S. 498‑Pre‑arrest bail, grant of‑Petitioner's application for bail before arrest not disposed of by Sessions Judge on merits‑Peti tioner given protection for a week to move Sessions Judge for bail, if so advised.

Z. H. Raja for Petitioner.

Mujtaba Ali for the Complainant,

Abaidur Rehman for the State.

ORDER

This is an application for pre‑arrest bail in a case under section 5061406/420, P.P.C. registered at Police Station Shahdara vide F.I.R. No. 195/81 dated 8th June, 1981.

2. After hearing the learned counsel for the parties, I find that the petition for pre‑arrest bail filed by the petitioner has not been disposed of by the learned Sessions Judge on merits. In the circumstances, the petitioner is given the protection to move the learned Sessions Judge again. It is, therefore, directed that the petitioner shall not be arrested till 9th September, 1981 2‑00 p.m. provided he furnishes bail bond in the sum of Rs. 1;,000 with one surety to the satisfaction 9 A. C./Duty Magistrate, Lahore.

3. The petitioner may move the learned Sessions Judge for his pre arrest bail, if so advised, and in case he submits application, the learned Sessions Judge or the Additional Sessions Judge shall dispose of the application on merits.

M.Y.M. Bail granted.

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