Law: Criminal Procedure Code (V of 1898)

Section: 498

Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail, grant of---Principles---Grant of pre-arrest bail was an extraordinary remedy, rooted into equity, to protect the honour and freedom of the innocent in criminal cases actuated by abuse of process of law for oblique motives and purposes---Such protection could not be extended in every run of the mill criminal case without grievously hindering the investigative process. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Apprehending arrest, Abdul Aziz Memon, petitioner herein, seeks bail in anticipation thereto; he is accused in Crime No.109, registered with Police Station Matyari, on the complaint of Hakim Ali, allegedly duped for appointment as a Naib Qasid in the Education Department, in lieu of payment of Rs.500,000. An appointment letter, received by the complainant, turned out a fake instrument after two years service without pay. Before the Courts below, the petitioner pleaded innocence, citing a dispute over a transaction involving wheat crop for a consideration of Rs.200,000 paid through different bank cheques issued in complainant's favour, followed by a default; the same story is reiterated, nonetheless, in the absence of any proof or investigative support. 2.…

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