Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 440

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 440--The petitioners’ party is owner of the land in question--Civil suit is pending for adjudication--The allegation against the petitioners is that they plowed and destroyed the standing crop of mint from the land of the complainant--The petitioners’ party is owner of the land in question where the occurrence took place--A civil suit for declaration qua the land in question is still pending adjudication before the court of competent jurisdiction, which was filed about one year earlier to lodging of the instant FIR--The possibility of false implication just to pressurize the petitioner’s side to gain ulterior motives cannot be ruled out--Liberty of a person is a precious right, which has been guaranteed under the Constitution of Islamic Republic of Pakistan, 1973--Confirm the ad interim pre-arrest bail granted to the petitioners. [Pp. 54 & 55] A, B & C JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J.--Through the instant petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have assailed the order dated 02.11.2022 passed by the learned Single Judge of the learned Lahore High Court, Lahore, with a prayer to grant pre-arrest bail in case registered vide FIR No. 391 dated 30.08.2022 under Section 440, PPC at Police Station Raja Jang, District Kasur, in the interest of safe administration of criminal justice. 2. Briefly stated the prosecution story as narrated in the FIR is that the complainant had cultivated the crop of mint in his land. On the fateful day and time, the petitioners along with another co-accused entered in his land and plowed and destroyed his entire crop and caused him a loss of Rs. 125,000/-. 3. At the very outset, it has been argued by the learned counsel for the petitioners that the petitioners have been falsely roped in this case against the actual facts and circumstances due to mala fides of the complainant in connivance with local police. Contends that the land, which is the root cause of the occurrence, does not belong to the complainant and the petitioners are in continuous possession of the…

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