Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 376,342

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 376 342--Pre-arrest bail, grant of--Confirmed--Allegation of--FIR was lodged with almost 9 months delay--Third marriage of petition--Differences arose between parties--It is pertinent to mention here that at that time, also complainant was at liberty to get record her statement but she has not uttered a single word with respect to allegations leveled in crime report against petitioner--Subsequently being annoyed with petitioner and at behest of her parents, complainant got registered this case--Divorce has been effected between spouses--Held: It has now been well settled by Apex Court that malafide can be gathered from facts and circumstances of case also--It is also noteworthy that it is settled proposition of law that even merits of case can be touched upon while deciding a pre-arrest bail application--Petition accepted and bail confirmed. [Pp. 578 579] A, B C PLD 2017 SC 730, PLD 201 SC 708 and PLD 2021 SC 898. ORDER Through this petition, Irfan Ahmad, petitioner craves pre-arrest bail in case FIR No. 174/2021, dated 20.03.2021 for the offence under Sections 376, 342, PPC registered at Police Station, Haier District Lahore. 2.have heard the learned counsel for the petitioner and learned Deputy Prosecutor General assisted by learned counsel for the complainant meticulously and perused the record minutely with their able assistance. 3. The alleged occurrence in this case had taken place on 18.06.2020, whereas, FIR was lodged on 20.03.2021 with the delay of almost 9 months and 2 days, meaning thereby possibility of due deliberation and consultation cannot be ruled out. Reliance is placed upon case law titled as ‘Khair Muhammad and another vs. The State through PG Punjab and another’ (2021 SCMR 130). 4. According to the narration of FIR, complainant was married with the petitioner on 11.06.2019; the relations between the parties remained cordial for sometimes; subsequently the complainant came to know that it was a third marriage of the petitioner with her and thereafter differences arose between the parties. 5. Learned Law Officer assisted by the learned counsel for…

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