Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 452,447,354,148,149

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 452, 447, 354, 148 149--Pre-arrest bail--Confirmed--House trespass--Pendency of suits between parties--Claim of possession by both parties--Un-explained delay in lodging of FIR--Joining of investigation by petitioner--Actual facts of case can be surfaced after recording evidence at trials had already joined investigation--No useful purpose would be served by handing over petitioners custody to police at this stage--Petition was allowed. ORDER Muhammad Arif, Ijaz Ahmad and Husnain petitioners have prayed for pre-arrest bail in case FIR No. 339 dated 05.07.2020. registered at Police Station Satrah District Sialkot for the offences under Sections 452, 447, 354, 148, 149, PPC. 2. Arguments heard and record perused. 3. FIR was registered on the complaint made by Mst. Salma Bibi, who alleged that petitioners along with thirteen co-accused named in FIR and five unknown persons trespassed into her house, beaten the inmates, outraged modesty of complainant and others women and forcibly possessed over the house Stance of learned counsel for petitioners is that the house in question was purchased by petitioners from complainant’s father and they were already in possession thereof. Admittedly, Muhammd Iqbal co-accused has instituted a suit for declaration or in alternate for specific…

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