Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 354,379

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 354 & 379--Pre-arrest bail--Grant of--Confirmed--Allegation of--Assaulted, outrage her modesty coupled with extortion--Inordinate delay in lodging FIR--As per FIR, no weapon of offence has been used by petitioner in order to give beat to complainant rather in MLC of injured/complainant it is written that blunt weapon has been used by petitioner, which smacks mala fide on part of complainant--Moreover, MLC was conducted after eight days of occurrence--Besides, complainant did not appear before Radiologist in order to strengthen her MLC which shows false implication of petitioner in this case--Prima facie, prosecution has no sufficient incriminating material to connect petitioner with commission of alleged offence and chances of petitioner's false implication with deliberation after consultation cannot be ruled out--Bail was confirmed. Good Case for Post arrest bail-- ----Settled Law--It is settled law if accused has a good case for post arrest bail, plea of complainant to send him behind bars for few days by dismissing her application for pre-arrest bail was held to be ludicrous. [P. 712] C Muhammad Aslam v. The State 2000 YLR 1314, Nazar Muhammad and 2 others v. The State 2012 PCr.LJ. 430 & RanaMuhammad Arshad v. Muhammad Rafique and another PLD 2009 SC 427, ref. Pre-arrest bail-- ----Extraordinary relief--To protect innocent persons--It is held that pre-arrest bail is an extra ordinary relief to be granted only in extraordinary situations to protect innocent persons against victimization through abuse of law for ulterior motive--Needless to mention here that object of pre-arrest bail is to protect innocent persons from harassment, humiliation and incarceration at hands of police. THIS ORDER PASSED BY: SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE---.- - By filing instant petition under Section 498, Cr.P.C., the petitioner namely Hafiz Ghulam Haider seeks pre-arrest bail in case FIR No. 554/2017, dated 12.9.2017, under Sections 354/379, PPC, registered with the Police Station Khangarh, District Muzaffargarh. 2. Briefly, the facts of the case as reported by the…

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