Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 498--- Penal Code (XLV of 1860), Ss. 452, 354, 337-F(i), 337-L(2), 337-A(i) & 34---House-trespass after preparation for hurt, assault or wrongful restraint, assault or criminal force to woman with intent to outrage her modesty causing damiyah, hurt, causing Shajjah-i-Khafifah, common intention---Pre-arrest bail, refusal of---Accused was nominated in the F.I.R. with a specific role of not only committing house-trespass, but also outraging the modesty of the complainant and giving her beating---Complainant was medically examined just within two to three hours of the alleged occurrence, and the medical evidence fully corroborated the version given in the F.I.R.---Besides the complainant herself, one of the alleged eye-witness, also supported the prosecution version---Accused, during the investigation, had been found fully involved in commission of alleged occurrence---No mala fide on the part of the complainant, or the Police for false implication of accused had been established---In absence of any justifiable reason to confirm the pre-arrest bail of accused, ad interim pre-arrest bail granted to accused, was recalled. NLR 1999 Criminal 527 (sic.) and 1988 PCr.LJ 270 ref. THIS ORDER PASSED BY: MUHAMMAD ANWAARUL HAQ, JUSTICE:---. Hamza Basit seeks pre-arrest bail in a case F.I.R. No. 343 dated 23-3-2013 registered under sections 452, 354, 337-F(i), 337-L(2) and 337A(i)/34, P.P.C. at Police Station Civil Line Gujranwala. 2. Learned counsel for the petitioner contends that there is an inordinate delay of four days in lodging of the F.I.R.; that no such occurrence, as narrated by the complainant in the F.I.R. ever took place, however, only hot words were exchanged between them, and the complainant with mala fide intention in connivance with the police has falsely involved him in this case. Further contends that the petitioner did not enter the house of the complainant and section 452, P.P.C. has been included just to make it a case of non-bailable offence; that as per prosecution story itself the petitioner was not armed with any weapon, therefore, nothing is required to be recovered from him; that two eye-witnesses…

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