| Citation(s) |
|---|
| 2020 SLG 2224 2020 SLD 2224 2020 PLJ 849 |
Lahore High Court
Crl. Misc. No. 67701-B of 2019, decision & hearing Date : 28.1.2020
CH. ABDUL AZIZ, JUSTICE
Mr. M. Imran Moeen, Advocate for Petitioners. Ch. M. Mustafa, DPG for State. Mr. Pir Ashraf Ali Qureshi and Nasir Dilshad Joiya, Advocates for Complainant.
Crl. Misc. No. 67701-B of 2019, decision & hearing Date : 28.1.2020
CH. ABDUL AZIZ, JUSTICE
Mr. M. Imran Moeen, Advocate for Petitioners. Ch. M. Mustafa, DPG for State. Mr. Pir Ashraf Ali Qureshi and Nasir Dilshad Joiya, Advocates for Complainant.
MUHAMMAD ARIF AND ANOTHERS
VS
STATE ETC.
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 337-F(v), 337-L(2), 148 & 149--Bail before arrest, declined--Multiple blunt traumar--Ascribed role of inflicting club blow six injuries--Corresponding fractures--At bail stage, Courts were not required to dive deep into merits of case and instead have to make a tentative assessment--The material on basis of which such an assessment is to be made comprises upon FIR, statements of witnesses recorded under Section 161, Cr.P.C., medical evidence and other material collected during investigation--Material so collected prima facie, indicates involvement of accused in commission of crime--Accused were seeking extra-ordinary concession of pre-arrest bail, it is observed that recovery of clubs were yet to be effected by police and in such case grant of bail is likely to hamper process of investigation. Bail Before Arrest-- ----Scope of--Relief of pre-arrest bail is meant to be exercised in a case, registration of which is tainted with mala fide--Court is also required to see that whether petitioner is successful in making out a case for bail on merits or not--Nothing as such is pleaded by petitioners from which it may insinuate that their implication is motivated with some ulterior design--Bail was dismissed. ORDER This is an application for bail before arrest on behalf of petitioners in case FIR No. 128 dated 26.9.2019, under Sections 337-F(v), 337-L(2), 148, 149, PPC registered with Police Station Dal Waryam, District Pakpattan. 2. Precisely stated, the case of prosecution as it spells out from crime report is to the effect that on 18.09.2019 at about 7/8 a.m., Ali Asghar was present in his shop; that suddenly, the petitioners emerged on the scene while armed with clubs, etc. and entered into the shop and started beating Ali Asghar; that upon noticing the hue and cry of Ali Asghar, Ejaz Ahmad (complainant) along with Tariq and Zahoor attracted to the spot; that Muhammad Arif (petitioner) inflicted a club blow on the right arm of Ali Asghar, which led to a fracture; that Babar (petitioner) also inflicted a club blow on the right hand of Ali Asghar causing a corresponding…
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