Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 380,457

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 380 & 457--Pre-arrest bail, confirmed--There was inordinate/unexplained delay of about one month in lodging F.I.R. No direct evidence was available with complainant--Case of prosecution entirely rests on circumstantial evidence statement of foot tracker was also not recorded during investigation--No recovery was effected from petitioner by investigating agency--One of his co-accused was admitted to post arrest bail--Pre-arrest bail confirmed. Criminal Procedure Code, 1898 (V of 1898)-- ----Mala fide--Prove elements of mala fide--It is difficult for accused to prove element of mala fide, at this stage, through positive/solid evidence/material therefore same was to be deduced and inferred fro facts and circumstances of case and that where events or hints to such effect are available, same would validly constitute element of mala fide--Petitioner pleaded mala fide in his application. THIS ORDER PASSED BY: SARDAR AHMED NAEEM, JUSTICE---.--- Abdul Razzaq alias Kora, the petitioner seeks pre-arrest bail in case F.I.R. No. 67/2018 dated 6.2.2018, under Sections 457, 380, P.P.C., registered at Police Station Shaher Sultan, Muzaffargarh. 2. Allegedly, the petitioner alongwith his co-accused committed theft. 3. After hearing the learned counsel for the parties and perusing the record, it was noticed that there was inordinate/…

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