| Citation(s) |
|---|
| 2019 SLG 2072 2019 SLD 2072 2019 PLJ 826 |
Lahore High Court
Crl. Misc. No. 257812-B of 2018, decision & hearing Dated: 31.01.2019.
FAROOQ HAIDER, JUSTICE
Petitioner(s) by: Mr. Humayoun Rashid, Advocate
Respondent(s) by: Mr. Haroon Rasheed, Deputy District Public Prosecutor Mr. Muhammad Nawaz Bhatti, Advocate
Crl. Misc. No. 257812-B of 2018, decision & hearing Dated: 31.01.2019.
FAROOQ HAIDER, JUSTICE
Petitioner(s) by: Mr. Humayoun Rashid, Advocate
Respondent(s) by: Mr. Haroon Rasheed, Deputy District Public Prosecutor Mr. Muhammad Nawaz Bhatti, Advocate
IMRAN ETC.
VS
STATE ETC.
Law: Criminal Procedure Code (V of 1898)
Section: 497(2),498
Law: Pakistan Penal Code, 1860
Section: 148,149,337A(i)F(v)L(ii),354,452
Criminal Procedure Code, 1898 (V of 1898)-- ---498--Pakistan Penal Code, (XLV of 1860), Ss. 337-A(i)F(v)L(ii), 148, 149, 354, 452--Pre-arrest bail--Grant of--Confirmed--FIR was recorded with the delay of 07 days for which no plausible reason could be forwarded--Petitioner are alleged to have caused injuries to right knee, which are bailable--Main role of causing injury under Section 337-F(v), PPC to co-accused, has been admitted to post arrest bail--No useful purpose would be served from recovery of any alleged sota or phorra because blood disintegrates after about three weeks and when recovery cannot advance case of prosecution then pre-arrest bail cannot be refused merely for the purpose of recovery--It would be buffoonery to send present petitioners in jail and then to bring them out after some days on post arrest bail--Punishment of alleged offences does not fall within the ambit of prohibitory clause--Ad-interim pre-arrest bail already granted to the petitioners is confirmed. 2014 SCMR 1349; 2017 CrLJ 1; 1999 CrLJ 749 ref. THIS ORDER PASSED BY: FAROOQ HAIDER, JUSTICE---.--- At the very outset, learned counsel for the petitioners submits that since arrest of Petitioner No. 2 Allah Ditta and Petitioner No. 4 Shahbaz is not required by the police, therefore, he wishes to withdraw instant bail to their extent, which fact has been confirmed by the learned law officer as well as police official, present in Court. Hence, this petition is dismissed as withdrawn to the extent of Petitioners No. 2 and 4. 2. Through this petition, petitioners Imran and Manzoor Hussain seek pre-arrest bail in case arising out of FIR No. 704/2018 dated 15.09.2018, under Sections 337-A(i)F(v)L(ii), 148, 149, 354, 452, PPC registered at Police Station Sadder, District Okara. 3. After hearing learned counsel for the petitioners and going through the record with the help of learned law officer it has been noticed that occurrence took place on 08.09.2018 and FIR was recorded on 15.09.2018 with the delay of 07 days for which no plausible reason could be forwarded; Manzoor Hussain petitioner and his son Muhammad Iqbal received injuries during the occurrence, they both were got medically…
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