Case Details

Citation(s)
2018 SLG 2601 2018 SLD 2601 2018 PCRLJ 1326
Sindh High Court
Criminal Bail Application No. 1549 of 2016, decision Dated: 20-03-2017.
FAHIM AHMED SIDDIQUI, JUSTICE
Petitioner(s) by: Ansar Mukhtar Ms. Saify Ali Khan for the Complainant.
Respondent(s) by: Ms. Seema Zaidi, A.P.G.

MUHAMMAD YAMIN

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497,498

Law: Pakistan Penal Code, 1860

Section: 337-A(i),338-B,352,354,452,504,506

Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Penal Code (XLV of 1860), Ss. 354, 352, 452, 506, 504, 337-A(i) & 338-B---Assault or criminal force to woman with intent to outrage her modesty, house trespass after preparation for hurt, assault or wrongful restraint, criminal intimidation, intentional insult with intent to provoke breach of peace, hurt, isqat-i-janin---Pre-arrest bail, confirmation of---Further inquiry---Complainant had alleged that accused along with his family members and others entered into his house and manhandled the complainant and other inmates due to which complainant lost her foetus---No specific injury was attributed to the accused---No firearm or sharp cutting weapon was used, therefore, question of recovery did not arise---Complainant had not reported the incident immediately though Police Station was at a distance of about a half kilo meter---FIR was lodged after seeking directions from Ex-officio Justice of Peace, even then complainant did not approach to police to record her statement and FIR was lodged with a further delay of two days---Parties resided in the neighbourhood and were antagonistic---Medical record was not reliable to connect the untoward happening with the alleged incident---Co-accused to whom similar allegations were levelled succeeded in getting the relief of bail, therefore, similar treatment was required to be extended to the accused---Case against the accused was that of further inquiry into his guilt within the purview of subsection (2) of S. 497, Cr.P.C.---Pre-arrest bail granted to accused was confirmed accordingly. THIS ORDER PASSED BY: FAHIM AHMED SIDDIQUI, JUSTICE:---.--- Through this application, Muhammad Yamin applicant has sought pre-arrest bail in a case registered against him under FIR 545/2016 at Police Station Boat Basin under sections 354, 352, 506 and 504, P.P.C. along with 337-A(i) of P.P.C. Previously, he appeared before the Court of Additional Sessions Judge-VII, Karachi South where his pre-arrest bail was declined. This Court has already granted interim pre-arrest bail and now the matter is brought before me for confirmation or otherwise. 2. After hearing the learned…
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