Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 302,34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 302 34--Pre-arrest bail, dismissal of--Specific allegation nominated--Sprinkled oil/diesel on woman and set her on fire--Statements recorded under Section 161, Cr.P.C. by police; further apprises that aforementioned allegation levelled against petitioners has been duly established during investigation, Ocular account furnished by prosecution in FIR is supported by post-mortem report of deceased--Therefore, prima facie, there are reasonable grounds available on record to connect petitioners with commission of offence alleged against them, which falls in ambit of prohibition contained in Section 497, Cr.P.C. No specific mala fide, malice or ulterior motive against complainant or Investigating Officer could be referred/pointed out by learned counsel for petitioners and in absence of same, pre-arrest bail cannot be granted--Held: It is by now well settled that pre-arrest bail cannot be granted on basis of pleas structured upon bald denial and parallel stories. Bail before arrest-- ----Female accused--It is well settled that female/woman accused cannot claim pre-arrest bail on basis of gender. 2020 SCMR 1160. Mr. Falak Sher Watoo, Advocate alongwith Petitioner (Jalal Ahmad @ Papi in Crl. Misc. No. 8135-B of 2020) and Petitioner (Sajida Mai @ Saeedi in Crl. Misc. No. 8134-B of 2020) (both identified by their learned counsel). Mr. Anar Yaseen, Deputy Prosecutor General for State. Mr. Daoud Ahmed Wains, Advocate for Respondent No. 2 for Complainant (in both petitions). hearing date: 18.2.2021. ORDER Through captioned criminal bail application, applicant Mansoor Ahmed S/o Abdul Rasheed Dahar, seeks his admission to post-arrest bail in Crime No. 218/2020, registered at Police Station Daharki, under Section 9(c) of Control of Narcotic Substances Act, 1997. Prior to filing of present bail application, the applicant/accused had approached the learned trial Court with the same plea, which had been declined by the learned I-Additional Sessions Judge/MCTC, Ghotki, vide order dated 27.10.2020. 2. It is alleged that the applicant has been apprehended by the police party of police…

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