Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3,4

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Prohibition of (Enforcement of Hadd) Order (4 of 1979), Arts.3 4---Recovery of liquor---Pre-arrest bail, refusal of---Allegation against the accused was that huge quantity of contraband liquor/wine was recovered from the premises of accused---Admittedly, both the accused were directly nominated in the promptly lodged FIR---Accused was present at the place of occurrence and decamped from the house of the co-accused at the time of conducting of raid at his house by police---Huge quantity of local wine/ contraband liquor had been recovered from the house of the co-accused in presence of recovery witnesses/Police Officials---From tentative assessment of material collected by the police during investigation, it appeared that both accused-petitioners were prima facie connected with the alleged offence charged against them---Court, in pre-arrest bail matter, was supposed to examine as to whether the accused had proved mala fide on the part of complainant or prosecution or his false involvement---In the present case, neither such plea was taken by the accused-petitioners in the bail petition nor proved on the record---Accused were not entitled to the extra-ordinary concession of pre-arrest bail---Pre-arrest bail petitions were dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail---Scope---Grant of pre-arrest bail to accused is extraordinary concession which is to be granted where the case against the accused is prima facie false, the involvement of the accused is actuated by malice, the aim of complainant is to humiliate the respectable person/accused and to cause irreparable injury to his reputation and liberty or the case is politically motivated. JUDGMENT ALI BAIG, J.--- Through the instant bail petitions filed under section 498, Cr.P.C., the petitioners/ accused namely Salah-ud-Din son of Sulaiman and Musa Baig son of Barhamad Shah seek pre-arrest bail in case FIR No.17/2020 dated 30-06-2020 under Articles 3/4 of Prohibition (Enforcement of Hadd) Order 1997 at Police Station Ali Abad Hunza. 2. By this common order, I propose to dispose of both the pre-arrest bail…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492