| Citation(s) |
|---|
| 2004 SLG 2887 2004 SLD 2887 2004 PCRLJ 244 |
Lahore High Court
Criminal Miscellaneous Nos. 2523/B and 2571/B of 2003, decided & heard on: 13th October, 2003
MIAN MUHAMMAD AKRAM BAITU, JUSTICE
Khan Dil Muhammad Khan Alizai for Petitioners. Mehr Ashfaq Ahmad Utra for the State.
Criminal Miscellaneous Nos. 2523/B and 2571/B of 2003, decided & heard on: 13th October, 2003
MIAN MUHAMMAD AKRAM BAITU, JUSTICE
Khan Dil Muhammad Khan Alizai for Petitioners. Mehr Ashfaq Ahmad Utra for the State.
ABDUL REHMAN AND 4 OTHERS ERS
VS
THE STATE --Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 498
Law: Penal Code (XLV of 1860)
Section: 379/440/148/149
Criminal Procedure Code (V of 1898)----- ----S. 498---Penal Code (XLV of 1860), Ss.379/440/148/149---Pre-arrest bail, confirmation of---Main accused had already been discharged by Area Magistrate who had observed in his order that complainant was not owner in possession of the property in dispute---Case of accused in circumstances needed further inquiry into their guilt---Accused had joined investigation---Pre-arrest bail already granted to accused was confirmed, in circumstances. 1996 MLD 1444 ref. THIS ORDER PASSED BY: MIAN MUHAMMAD AKRAM BAITU, JUSTICE:---.--- This order will dispose of Criminal Miscellaneous No. 2523/B of 2003 and Criminal Miscellaneous No. 2571/B of 2003 as such these are the outcome of one and the same F.I.R. 2. Through this petition the petitioners have sought for the relief of their pre-arrest bail in case F.I.R. No. 136 of 2003, dated 7-9-2003 registered under sections 379, 440, 148 and 149, P.P.C. at Police Station Sarwar Shaheed District Muzaffargarh. 3. It is argued by the learned counsel for the petitioners that they have been falsely involved in this case due to mala fide of the complainant; that offence under section 440, P.P.C. is not applicable against the petitioners, that at the most offence under section 427, P.P.C. is applicable which is bailable one; that the provisions of section 379, P.P.C. are not applicable as such Nazir Ahmad is not the owner of the property in dispute; that earlier the petitioners have applied for their pre arrest bail before the learned lower Court which was dismissed in default and again they applied for ad interim pre-arrest bail but only notice to State was given; that nothing is to be recovered from the petitioners and they have joined the investigation. 4. The learned State Counsel opposed the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492