Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 148,149,337-F(i),337-F(iv),337-L(2),379

(a) Criminal Procedure Code (V of 1898)--- ----S. 498--- Penal Code (XLV of 1860), Ss. 337-F(i), 337-F(iv), 337-L(2), 148, 149 & 379---Ghayr-jaifah damiyah, ghayr-jaifah-hashimah, ghayr-jaifah mudihah, other hurt, rioting armed with deadly weapons, unlawful assembly, theft---Pre-arrest bail, cancellation of---According to the FIR accused and co-accused had caused knife injuries on the complainant's thigh and ankle respectively---Said injuries attracted the provisions of Ss. 337-F(ii) & 337-F(iv), P.P.C. respectively which offences were non-bailable---FIR also alleged that the accused and co-accused had snatched away a sum of Rs. 10,000/- from the complainant and the offence under S. 379, P.P.C. invoked in the FIR in such respect was also non-bailable---Eye-witnesses mentioned in the FIR, including the injured complainant, had stood by their statements made before the police fully implicating accused and co-accused in the alleged offences---Prima facie, the medical evidence lent support to the allegations levelled by the prosecution---Investigating officer stated that during investigation the allegations leveled against accused and co-accused had been found to have been fully established; that the weapons of offence were yet to be recovered from the custody of accused and co-accused and for that purpose their physical custody was required by the local police---Pre-arrest bail granted to accused and co-accused by the High Court was cancelled in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail, grant of---Scope---Offences allegedly not attracting the prohibitory clause contained in subsection (1) of S. 497, Cr.P.C.---Such consideration was hardly relevant to a case wherein extraordinary concession of pre-arrest bail was sought. (c) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail, grant of---Scope---Concession of pre-arrest bail could not be allowed to an accused person unless the court felt satisfied about seriousness of the accused's assertion regarding his intended arrest being actuated by mala fide on the part of the complainant party or the local police. (d) Criminal Procedure Code (V of…

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