| Citation(s) |
|---|
| 2009 SLG 3480 2009 SLD 3480 2009 PCRLJ 1068 |
Lahore High Court
Criminal Miscellaneous No.3907/B of 2009, decided on 22nd May, 2009.
Before Iqbal Hameed-ur-Rehman, J
Ch. Sikandar Ali Janbaz for Petitioner. Ghulam Qadir Bari, Asstt. P.-G. and Abdul Ghani S.-I with record for the State.
Criminal Miscellaneous No.3907/B of 2009, decided on 22nd May, 2009.
Before Iqbal Hameed-ur-Rehman, J
Ch. Sikandar Ali Janbaz for Petitioner. Ghulam Qadir Bari, Asstt. P.-G. and Abdul Ghani S.-I with record for the State.
MUHAMMAD SAEED----Petitioner
VS
THE STATE----Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 498
Law: Penal Code (XLV of 1860)
Section: 337-A(i)/337-L(2)/337-F(v)/337-F(i)/148/ 149
(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.337-A(i)/337-L(2)/337-F(v)/337-F(i)/148/149---Pre-arrest bail, grant of---Offence attributed to accused under S.337-A(i), P.P.C. was bailable and in such-like cases grant of bail was a rule and its refusal was an exception---Accused's side had also got registered a case alleging that the complainant party had acted in aggression---Case, thus, was of cross-version and it was yet to be determined at the trial as to which party had aggressed against the other---Case against accused in circumstances needed further probe into his guilt---Ad interim pre-arrest bail granted to accused was confirmed accordingly. Tariq Bashir and. 5 others v. The State PLD 1995 SC 34; Muhammad Nadeem v. The State 2007 MLD 926; Ghulam Muhammad and 2 others v. The State 2002 PCr:LJ 1611; Allah Ditta and 2 others v. The State 2001 PCr.LJ 216 and Shoaib Mehmood Butt v. Iftikhar-ul-Haq and 3 others 1996 SCMR 1845 ref. (b) Criminal Procedure Code (V of 1898)--- ---Ss. 497/498---Bail in bailable offences---Principle---Grant of bail in bailable offences is a rule and its refusal is an exception. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 and Muhammad Nadeem v. The State 2007 MLD 926 ref. ORDER IQBAL HAMEED-UR-REHMAN, J.---Learned counsel seeks pre-arrest bail of the petitioner in case F.I.R. No.82 of 2009, dated 10-3-2009, under sections 337A(i), 337L(ii), 337F(v), 337F(i), 148, 149, P.P.C., registered at Police Station Tarkhani District Faisalabad. 2. The brief allegations against the petitioner according to the contents of the F.I.R. are that he along with his co-accused caused injuries to his son in prosecution of their common object after framing an unlawful assembly and launching an attack upon him. 3. It is stated by the learned counsel for the petitioner that a false and frivolous case has been registered against the petitioner. It is also stated that the factual position is that the petitioner's party forbade and stopped the complainant party from harvesting the wheat crop of the petitioner. It is further stated that no football ground exists in Chak No.527/G.B. Moreover, the complainant is…
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