Case Details

Citation(s)
2017 SLG 2182 2017 SLD 2182 2017 YLR 872
Lahore High Court
Crl. Misc. No. 12586-B of 2015, decision Dated: 04-11-2015.
SHAHID HAMEED DAR, JUSTICE
Rana Muhammad Aslam Nadeem for Petitioner. Rana Tassawar Ali Khan, Deputy Prosecutor General Punjab for the State with Iqbal SI. Ch. Umar Hayat Kamran Rajoka for the Complainant.

MUHAMMAD RAZA

VS

THE STATE AND ANOTHER

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss.498/497---Penal Code (XLV of 1860), Ss.337-L (2), 342, 380, 411, 420, 440, 468 & 471---Hurt; wrongful confinement; theft in dwelling house; dishonestly receiving stolen property; cheating and dishonestly inducing delivery of property; mischief committed after preparation to commit death or hurt; forgery for purpose of cheating; using as genuine a forged document---Bail, recalling of---Delay---Allegations as to hurt caused by the accused person was supported by the medical evidence---Delay in lodging of the FIR, though had not been explained by the complainant, could not be considered damaging at bail stage, nor could the delay be held to be an ultimate circumstance to grant extraordinary relief of bail before-arrest to the accused---Accused had concealed the fact as to dismissal of his pre-arrest bail by the court below from the Investigation Officer at the time of joining of the investigation of the case---Investigation Officer had declared the accused as innocent on the same day of his joining the investigation, without caring for the fact that the report under S.512, Cr.P.C. had already been submitted against him before the court---Accused had also been proceeded against under S.87, Cr.P.C.---No reason existed to believe that due to mala fide or malice on part of the complainant, the accused had been falsely implicated in the case---Ad-interim bail already granted to the accused was recalled---Application for pre-arrest bail was dismissed accordingly. THIS ORDER PASSED BY: SHAHID HAMEED DAR, JUSTICE:---.--- The allegation against the petitioner, Muhammad Raza, as per FIR No. 17/2013, dated 20.1.2013, for offences under sections 440, 342, 380, 411, 337-L(2), 420, 468, 471, P.P.C., registered at Police Station Ahmadpur Sial (Jhang) is that he along with his co-accused, all being armed with guns trespassed on the mansion of Nawazish Ali (complainant) at about 10.00 a.m. on 11.12.2012 and started dismantling an intervening wall between the said mansion and their residential house, which had been erected by an order of the court; the complainant and his companions abstained them from doing so, whereon they pulled…
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