| Citation(s) |
|---|
| 2018 SLG 1962 2018 SLD 1962 2018 PLJ 507 |
Lahore High Court
Crl. Misc. No. 639-B of 2018, decision & hearing Dated: 15.02.2018.
SARDAR AHMED NAEEM, JUSTICE
Sardar Muhammad Rashid Khan Balouch, Advocate for Petitioner. Mr. Hassan Mehmood Tareen, DPG for State.
Crl. Misc. No. 639-B of 2018, decision & hearing Dated: 15.02.2018.
SARDAR AHMED NAEEM, JUSTICE
Sardar Muhammad Rashid Khan Balouch, Advocate for Petitioner. Mr. Hassan Mehmood Tareen, DPG for State.
MUHAMMAD ASLAM
VS
STATE AND ANOTHER
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 462(1)--Pre-arrest bail--Confirmed--Allegation of--Theft of energy/electricity--Unexplained delay of twenty seven days in lodging FIR--No cable or device was taken into possession at time of raid No such, LT line was observed by Investigating Officer in radius of meter of house of petitioner--Held: Apex Court observed that at per-arrest bail stage, it was difficult for accused to prove element mala fide 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 mala fide. Pre-arrest Bail-- ----Malafide--Petitioner has joined that investigation and nothing was recovered from him--There was no allegation of misuse of ad-interim pre-arrest bail against petitioner. Khalil Ahmed Soomro v. The State PLD 2017 SC 730, ref. THIS ORDER PASSED BY: SARDAR AHMED NAEEM, JUSTICE---.--- Muhammad Aslam petitioner seeks pre-arrest bail in case FIR No. 277 dated 25.5.2017 under Section 462(i), PPC registered at police station Saddar Muzaffargarh, DistrictMuzaffargarh. 2. Allegedly, the petitioner committed theft of energy/ electricity. 3. Having heard the arguments addressed at the bar and after perusing the record, it was straightway noticed that there was unexplained delay of twenty seven days in lodging the FIR. No cable or device was taken into possession at…
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