Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 363

(a) Criminal Procedure Code (V of 1898)--- ----S.498---Penal Code (XLV of 1860), S. 363---Kidnapping---Pre-arrest bail, refusal of---Scope---Accused persons (uncle and cousin of minor) were alleged to have forcibly abducted the minor aged about 08 years from his school on gun point---Accused persons were specifically nominated in the FIR on the complaint of grandfather of the minor---Police had also recorded statement of an eye-witness of the occurrence---Security guard of the school had stated in his statement under S.161, Cr.P.C., that on the date of occurrence, the minor was kidnapped by the accused in a black car forcibly from outside the school---Minor was in the custody of his father and the petition filed by mother of minor under S. 491, Cr.P.C., had been dismissed---Minor was in the custody of his mother but the practice of kidnapping and snatching the minor by relatives could not be allowed---Petition for grant of pre-arrest bail was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S.498---Pre-arrest bail---Scope---While deciding the bail application, before recording of evidence in the Trial Court, only tentative assessment is to be made by the Court and it is not permissible to go into details of evidence in one way or the other that may prejudice the case of either party. PLD 1994 SC 65; PLD 1994 SC 88; 2021 SCMR 111 and 2020 SCMR 937 ref. (c) Criminal Procedure Code (V of 1898)--- ----S.498---Pre-arrest bail---Scope---Bail before arrest cannot be claimed as a matter of legal right in each case and also it cannot be expected that it would be granted in each case unless legal requirements laid down are met---Bail granted before arrest causes setback in investigation and can stand as stumbling block in the way of recovery of incriminating articles. Waleed Arfaqat v. The State and another 2021 MLD 1226 ref. (d) Criminal Procedure Code (V of 1898)--- ----S.498---Pre-arrest bail---Scope---Relief of pre-arrest bail is granted only in those matters where it would appear that registration of such cases was passed on enmity/mala fide or where no offence was shown to have been committed on the very face of record. ORDER TARIQ…

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