| Citation(s) |
|---|
| 2017 SLG 1331 2017 SLD 1331 2017 SCMR 1724 |
Supreme Court of Pakistan
Criminal Petition No. 254-L of 2017, decided on 22nd March, 2017. (Against the order Dated 09.02.2017 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No. 16693-B of 2016)
ASIF SAEED KHAN KHOSA, JUSTICE, MANZOOR AHMED MALIK, JUSTICE
Tahir Aslam Qureshi, Advocate Supreme Court for Petitioners with Petitioners in person. Ch. Riasat Ali, Advocate Supreme Court on behalf of Anwar-ul-Haq Pannu, Advocate Supreme Court for the Complainant. Mazhar Sher Awan, Additional Prosecutor-General,
Criminal Petition No. 254-L of 2017, decided on 22nd March, 2017. (Against the order Dated 09.02.2017 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No. 16693-B of 2016)
ASIF SAEED KHAN KHOSA, JUSTICE, MANZOOR AHMED MALIK, JUSTICE
Tahir Aslam Qureshi, Advocate Supreme Court for Petitioners with Petitioners in person. Ch. Riasat Ali, Advocate Supreme Court on behalf of Anwar-ul-Haq Pannu, Advocate Supreme Court for the Complainant. Mazhar Sher Awan, Additional Prosecutor-General,
SHAHBAZ AHMED CHAUDHRY AND others
VS
THE STATE AND others
Law:
Section:
Criminal Procedure Code (V of 1898)---.--- ---.----S. 498---.---Penal Code (XLV of 1860), Ss. 427, 448, 511, 379, 356 & 506---.---Mischief causing damage to the amount of fifty rupees, house-trespass, theft, assault or criminal force in attempt to commit theft of property carried by a person, criminal intimidation---.---Ad interim pre-arrest bail, confirmation of---.---Occurrence in issue had taken place when a bailiff of a court was executing a lawfully passed ejectment order---.---FIR was lodged with a delay of eleven days despite the fact that the local police had statedly become involved in the issue on the very day of occurrence---.---Collective allegations had been levelled against about a dozen persons in the FIR and no individual role had been attributed to the present accused persons---.--- All the offences involved in the present case other than those under Ss. 356 & 379, P.P.C. were bailable whereas the offences under Ss. 356 & 379, P.P.C. were punishable with imprisonment for two years and three years respectively---.---Police had confirmed before the Supreme Court that at the time of the occurrence the present accused persons and co-accused were not armed with any weapon and no property belonging to the complainant had been snatched away---.---Accused persons had already joined the investigation and nothing was to be recovered from their custody---.---Allegation of mala fide on the part of the complainant party could not be brushed aside in the backdrop of admitted litigation between the parties---.---Ad interim pre-arrest bail already allowed to the accused persons was confirmed in circumstances. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- Criminal Miscellaneous Applications Nos. 157-L and 161-L of 2017. These miscellaneous applications are allowed and the documents appended therewith are permitted to be brought on the record of the main petition. Disposed of. Criminal Petition No. 254-L of 2017 2. Through this petition Shahbaz Ahmed Chaudhry and Abdul Rashid petitioners have sought leave to appeal against the order dated 09.02.2017 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal…
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