Law: Azad Penal Code

Section: 34,452,506

Law: Criminal Procedure Code (V of 1898)

Section: 161,497

Azad Penal Code-- ----Ss. 452, 506 & 34--Criminal Procedure Code, 1898, S. 497--Registration of F.I.R.--Pre-arrest bail was confirmed--Nominated in F.I.R.--Statement of witnesses--Recovery of cell phone--Offence falls within prohibitory clause--Bail cancellation of--It is well settled that pre-arrest bail is granted only in those matters where it would appear that registration of such cases was based on enmity, mala fide or where no offence was shown to have been committed on very face of record--It is settled law that bail before arrest is an extraordinary concession which can only be granted to a innocent person but in case in hand prima facie reasonable grounds exists to connect accused respondent with alleged offences and no mala fide intention has been shown against complainant that he has falsely implicated respondent--Moreover, recovery of weapon and vehicle used in occurrence are yet to be recovered and name and identification of co-accused are yet to be made--There is no cogent material to show that complainant and police motivated with malice or ulterior motive for harassing and humiliating respondent--Even otherwise, considerations for grant of bail before arrest and after arrest are altogether different and it is not a case of bail after arrest--Similarly, previous non-conviction is also not a ground for grant of pre-arrest bail--Revision petition is accepted and ad-interim pre-arrest bail granted to accused Respondent Sessions Judge, is hereby recalled. THIS JUDGMENT DELIVERED BY: RAJA SAJJAD AHMAD KHAN, JUSTICE---.--- Through this revision petition, petitioner-complainant, seeks cancellation of pre-arrest bail allowed to accused Respondent No.1, by Sessions Judge, Poonch-Rawalakot vide its order dated 09.07.2018. 2. The facts giving rise to this revision petition are that complainant lodged a report with Police Station, Rawalakot that he is resident of Nahla Bazar Rawalakot. The complainant's daughter Mst. Shabana Yasmeen contracted marriage with Shazad Rauf son of Abdur Rauf prior to 8 years before the occurrence. A son was born out of this wedlock which is alive. Due to domestic issue his daughter filed a suit for cancellation of Nikah on…

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