Case Details

Citation(s)
2019 SLG 2135 2019 SLD 2135 2019 PLJ 1195
Lahore High Court
Crl. Misc. No. 4966-B of 2018, decision & hearing Dated: 16.10.2018
SARDAR AHMED NAEEM, JUSTICE
Petitioner(s) by: Mr. Muhammad Qadir Asif Toor, Advocate
Respondent(s) by: Mr. Hassan Mehmood Khan Tareen, Deputy Prosecutor General Malik Muhammad Usman Bhatti, Advocate

RAB NAWAZ AND 3 OTHERS

VS

STATE AND ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 161,498

Law: Pakistan Penal Code, 1860

Section: 380

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, 1860, S. 380--Pre-arrest bail--Confirmation of-- Foot tracker--Occurrence took place at odd hours of night--Foot-tracker was not examined during investigation u/S. 161, Cr.P.C.--Case is based on circumstantial evidence/extra-judicial confession--Investigating agency concluded that Rs. 6,00,000/- of accused party was outstanding against complainant party received for sending accused abroad and that complainant party itself handed over stolen articles/cows to petitioners--Malafide was also asserted in petition and there was no allegation of misuse of ad-interim pre-arrest bail--Pre-arrest bail confirmed. THIS ORDER PASSED BY: SARDAR AHMED NAEEM, JUSTICE---.--- The petitioners seek pre-arrest bail in case F.I.R. No.263/2018 dated 02.06.2018, registered at Police Station Jahanian, Khanewal, for offences under Section 380, P.P.C. 2. Allegationn against the petitioner is that of committing theft. 3. After hearing the learned counsel for the parties and perusing the record, it transpired that the F.I.R. was registered with unexplained delay of two days. The occurrence took place at odd hours of night. The foot-tracker was not examined during the investigation under Section 161, Cr.P.C. and the case of the prosecution is totally based on circumstantial evidence/extra-judicial…
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