Law:

Section:

(i) Bail before Arrest-- ----Bail before arrest can be granted when the arrest of accused is eminent with ulterior motive malafide or is due to false implication apparent on the face of record. [P. 1088] A (ii) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860) Ss.452, 506, 324, 337-H (ii), 148 & 149--Bail before arrest was refused--Prayer for--Aerial firing with intention to vacate disputed plot--Accused ran away from the spot leaving behind rifle--Bail before arrest was dismissed by Courts below--Assailed--Specific role of aerial firing--Recovery of licensed rifle--Held: Accused has been named in FIR and specific role of aerial firing has been attributed to him--Recovery of licensed rifle of accused from the place of occurrence shows his involvement in his offence--Accused was found involved in commission of offence by investigating officers--Bail dismissed. Order Abdul Hameed Dogar, J.--Petitioner through this petition seeks pre-arrest bail in case FIR No. 32/07 registered with Police Station Sarai Moghal, Kasur under Sections 452, 506, 324, 337-H(ii), 148 & 149 PPC. 2. The prosecution story as narrated by complainant Muhammad Luqman in the FIR is that petitioner alongwith other co-accused after reaching in the house of complainant made aerial firing with intention to vacate the disputed plot about which litigation was pending before the competent Court. On the intervention of the villagers the petitioner ran away from the spot leaving behind rifle, which was produced before the police. 3. Petitioner applied for bail before arrest before learned Additional Sessions Judge, Pattoki which was dismissed on 6.4.2007. Feeling aggrieved, he approached the learned High Court through Crl. Mic. No. 2706-B of 2007 which was also dismissed by a learned Judge in Chambers of Lahore High Court, Lahore vide impugned order. 4. We have heard Sardar Latif Khan Khosa, learned counsel for the petitioner and Mr.Arshad Ali Ch., learned counsel for the complainant at length and have gone through the record and proceedings of the case in minute particulars. 5. Learned counsel for the petitioner vehemently contended that learned Judge…

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