Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 452, 506, 379, 148 & 149--Bail before arrest--Grant of--Confirmed--Allegation of--Theft of electricity--Accused nominated in FIR, but there is no MLC of complainant--Not mentioned in FIR regarding loss of complainant--Vicarious liability be seen at trial--False implication with deliberation after consultation cannot be ruled out--Pre-arrest bail was confirmed. Rana Muhammad Arshad v. Muhammad Rafique and another PLD 2009 SC 427, Muhammad Azeem and others v. The State and others 2015 YLR 2441 & Munawar v. The State 1981 SCMR 1092, ref. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 497 & 498--If accused has a good case for post arrest bail, plea of complainant to send them behind bars for a few days by dismissing their application for pre-arrest bail, was held to be ludicrous. Muhammad Aslam vs. The State 2000 YLR 1314, Nazar Muhammad and 2 others vs. The State 2012 PCrLJ 430, ref. THIS ORDER PASSED BY: SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE---.- - By filing instant petition under Section 498, Cr.P.C., the petitioners namely Muhammad Sheraz, Sajjad Hussain, Nasir Abbas and Muhammad Nawaz @ Ijaz Babar, seek pre-arrest bail in case FIR No. 270/2017, dated 9.10.2017, under Sections 452, 506, 379, 148/149, PPC, registered with the Police Station B-Division, District D.G Khan. 2. Briefly, the facts of the case as reported by the complainant are that he had been performing his duties as SDO WAPDA while he got registered a case FIR No. 204/2017 under Section 462(i), PPC, Police Station Saddar as the petitioners were found having committed theft of the electricity, however, on 9.10.2017 at 08:00 P.M., the petitioners carrying fire-arms and bricks along with their co-accused made an assault on house of the complainant and when Fayyaz Ahmad, brother of the complainant made an attempt to stop them, the petitioner Nasir Abbas advanced threats to murder him on pistol point, whereupon, the complainant and his brother ran to save their lives and entered into their house, however, the petitioners also entered into his house, dragged the complainant from his house in…

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