Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 379

Criminal Procedure Code (V of 1898)--- ----S.498---Penal Code (XLV of 1860), S.379---Theft---Pre-arrest bail, refusal of---Co-accused had recently purchased the share of suit land and instead of filing suit for partition of his share, he had tried to illegally dispossess the complainant party and in pursuance of his illegal design the accused had cut the standing crops of the complainant and removed the same from the fields by force of lethal weapons---Accused were nominated in the F.I.R. with specific role and they had been found guilty during investigation by the police---Wheat crop and the lethal weapons were yet to be recovered from the accused---Bail before arrest being an extraordinary relief could not be extended to such like accused persons---Accused after dismissal of their application for bail before arrest by superior court had not surrendered themselves before the law and had fled away---Pre-arrest bail was declined to accused in circumstances. THIS ORDER PASSED BY: CH. MUHAMMAD TARIQ, J.--- Apprehending their arrest at the hands of the police, the petitioners have sought their bail before arrest in case F.I.R. No. 97/10, dated 14-4-2010, for the offence under section 379, P.P.C., registered with Police Station Chutiana, District Toba Tek Singh. 2. The precise allegation against the petitioners as per F.I.R. is that on 13-4-2010, the petitioners cut the crop of the complainant unauthorizedly with Tractor and Reaper measuring one and half acre valuing Rs.60,000. 3. Learned counsel for the petitioners contends that the petitioners are innocent, they have not committed any offence and the instant criminal case has been filed by the complaint with mala fide intention and with ulterior motives. Learned counsel further contends that Muhammad Sadiq co-accused is owner of the suit land and there is previous litigation between the petitioners and the complainant party, that is why the petitioners have been nominated in the F.I.R. by the complainant party. He has further contended that no occurrence has taken place, the F.I.R. has been lodged after a considerable delay of one day which shows the mala fide on the part of respondent No.2 who has no concern,…

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