Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Police Order (22 of 2002)

Section: 155C,157

Law: Pakistan Penal Code, 1860

Section: 109,221,224,225,344

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, 1860--Ss. 221, 224, 225, 344 & 109--Police Order, 2002, S. 155-C & 157--Bail before arrest--Confirmed--Illegal confinement--Offence of Intentional omission to apprehend accused--Accused was police official--Influenced on his subordinate--It is difficult for accused to prove element of mala fide, at this stage, through positive/solid evidence/material, therefore, same was to be deduced and inferred from facts and circumstances of case and that where events or hints to such effect are available, same would validly constitute element of malafide. Bail Before Arrest-- ----Scope--Pre-arrest bail cannot be granted by way of routine, however, can be extended in exceptional circumstances. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Bail before arrest--Prima Facie--Not available material--Validity--No material is available on file showing prima facie nexus of petitioners with this crime, thus, sending them behind bars would not serve any purpose to prosecution and this would be would be colour of ludicrousness if petition.ers are sent to jail for a few days by dismissing application so as to enable them to come out of jail after a few days on post arrest bail. Malafide Was asserted in petition and there was no allegation of misuse of ad-interim pre-arrest bail. THIS ORDER PASSED BY: SARDAR AHMED NAEEM, JUSTICE---.--- Through this single order, I intend to decide above mentioned bail petitions arising out of case F.I.R. No. 135/2019 dated 19.04.2019, registered at Police Station City Pindi Bhattian, Hafizabad, for offence under Sections 221, 224, 225, 344, 109, P.P.C. read with Section 155-C, 157, Police Order 2002. 2. The petitioners including Malik Amanat Ali are police officers are charged with offence of intentional omission to apprehend an accused. Allegation of illegal confinement was in addition to that. Allegedly, Malik Amanat Ali also participated in this occurrence as the accused who managed his escape was handed over to him by his co-accused. 3. After hearing the learned counsel for the parties and perusing the record, it was noticed that Rai Riasat Ali accused was…

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