Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 436/427/452/337-R.21/189/149

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.436/427/452/337¬R.2/189/149---Bail, refusal of---Complainant being owner of house which had been set ablaze, his presence at his house appeared to be quite natural and could not be disputed---Complainant in his F.I.R. had positively alleged that accused after effecting entry in his house resorted to firing in the air, got scattered his household effects and also sprinkled petrol on them and on the various portions of his house---Daughter of complainant, who was inmate of the house and prosecution witnesses who were residents of same village in their statements recorded under S.161, Cr.P.C., had supported allegations of complainant leveled against accused persons---Photographs of the house of complainant showing the extent of damage to the house by the fire were placed on the police file--¬Entire house comprising of 3 rooms and veranda with all their roofs stood gutted with fire and all the household effects of the complainant had been completely destroyed---Contention of accused that occurrence having been committed to vindicate family honour, accused could not be awarded maximum punishment, did not appear to be legally tenable as complainant's entire house alongwith its effects had been gutted which in no way could be termed as vindication of family honour and in circumstance would not constitute a mitigating circumstance for award of lesser punishment---Both accused allegedly had played a positive role in setting the house of complainant alongwith its effects on fire---Both, in circumstances, had prima facie committed an offence under 5.436, P.P.C. which fell within prohibitory clause of S.497, Cr.P.C.---Alleged conduct of accused did not justify them to be released on bail---Bail application was dismissed. THIS ORDER PASSED BY: SH. ABDUR RASHID, JUSTICE:---.--- Falak Sher petitioner has filed Crl. Misc. No. 6993/B of 2003 and Muhammad Ashraf petitioner has filed Crl. Misc. No. 7233/B of 2003 in the same case F.I.R. No. 425 of 2002 under sections 436, 427, 452, 337-R-2, 189, 149, P.P.C. registered at Police Station Bhikki District Sheikhupura which are being jointly disposed of…

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