Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD MUDDASAR VS Respondent: THE STATE and others
Court Name: Supreme Court of Pakistan Judge(s): Mian Saqib Nisar, Asif Saeed Khan Khosa, Tasaddaq Hussain Jillani Title: MUHAMMAD MUDDASAR vs THE STATE and others Case No.: Criminal Petition No, 420-L of 2011 Date of Judgment:2011-06-28 Reported As: 2011 SCMR 1513 Result: Bail allowed
Judgment ORDER ' TASSADUQ HUSSAIN JILLANI, J.---Learned Additional Prosecutor-General submits that the learned trial Court has merely summoned the petitioner in a private complaint and there, is no order of his arrest. Adds that even the Investigating Officer, present in Court, does not want to arrest the petitioner. 2. Learned counsel for the petitioner submits that petitioner was prompted to move the pre-arrest bail petition because the learned Trial Court notwithstanding the initial order of summoning the petitioner directed his arrest. 3. Admittedly the petitioner was declared innocent during investigation and initially the learned trial Court had merely issued summons. In this view of the matter, we are inclined to convert this petition into appeal and allow the same and subject to petitioner's furnishing bail bonds in the sum of Rs, 50,000 with two sureties in the like amount to the satisfaction of learned trial Court, lie is admitted to pre-arrest bail. It is however, made clear that in case he misuses the concession of bail, it would be open for the trial Court to cancel the same after hearing him.