| Citation(s) |
|---|
| 2010 SLG 1000 2010 SLD 1000 2010 PLJ 880 |
Lahore High Court
Crl. M. No. 1807-B of 2008, decided & hearing on 09.08.2009.
HABIB ULLAH SHAKIR, JUSTICE
Mr. Muhammad Asif Saeed, Advocate with Petitioner in Person.
Crl. M. No. 1807-B of 2008, decided & hearing on 09.08.2009.
HABIB ULLAH SHAKIR, JUSTICE
Mr. Muhammad Asif Saeed, Advocate with Petitioner in Person.
MST. BASHIRAN BIBI
VS
STATE & ANOTHER
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code (XLV of 1860), Ss. 371-A, 371-B & 109--Bail, grant of--Old lady--Nominated in FIR--No incriminating material was recovered--Further inquiry--It is also not possible that one old aged lady slipped away from the place of occurrence--Though criminal cases are pending against her, yet pending of cases is no bar to grant bail to anyone if case becomes fit on merit and also becomes a case of further inquiry joined the investigation and she is no more required for the purpose of investigation was present in the Court and seems to be an old lady so she deserves concession of bail u/S. 498 Criminal Procedure Code--Bail allowed. THIS ORDER PASSED BY: HABIB ULLAH SHAKIR, JUSTICE---.---- Petitioner has sought pre-arrest bail in case FIR No. 504/2008 dated 27.9.2008 registered under Sections 371-A, 371-B and 109 of the PPC at Police Station City A-Division, Rahimyar Khan. 2. The precise allegation against the petitioner is that she was running a brothel house. 3. Learned counsel for the petitioner contends that the petitioner is innocent; fake and frivolous case was got registered against her; she has been implicated in this case on the statement of the co-accused which is not permissible in the eye of law and there is no evidence available that she was running any brothel house. The PWs cited in the FIR do not belong to the same locality and according to the contents of the FIR, Sections 371-A and 371-B, PPC are not applicable to the extent of the petitioner. Further contends that she was not arrested at the spot, so involvement of the petitioner in this case with mala fide intention cannot be ruled out. She is an old aged lady of 65 years and in view of Section 497 Cr.P.C., she deserves concession of pre-arrest bail. 4. On the other hand, learned DPG present in Court opposed this pre-arrest bail application. He stated that petitioner is nominated in the FIR and…
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