| Citation(s) |
|---|
| 2023 SLG 2433 2023 SLD 2433 2023 PLJ 219 |
Supreme Court of Pakistan
Crl. P. No. 119-L of 2022, decided on 21.2.2023. (On appeal against the judgment dated 19.02.2022 passed by the Lahore High Court, Lahore, in Criminal Miscellaneous No. 32166-B of 2022)Date of hearing: 21.2.2023.
Present: SARDAR TARIQ MASOOD, AMIN-UD-DIN KHAN AND SYED HASAN AZHAR RIZVI, JJ.
Sardar M. Latif Khan Khosa, Senior ASC (via video link from Lahore) for Petitioner along with Petitioner in person (at Islamabad). Mr. Muhammad Jaffar, Additional P.G. Punjab, Amir Malik, DSP, Ghulam Mustafa, IO and M. Razzaq, SI for State (through video
Crl. P. No. 119-L of 2022, decided on 21.2.2023. (On appeal against the judgment dated 19.02.2022 passed by the Lahore High Court, Lahore, in Criminal Miscellaneous No. 32166-B of 2022)Date of hearing: 21.2.2023.
Present: SARDAR TARIQ MASOOD, AMIN-UD-DIN KHAN AND SYED HASAN AZHAR RIZVI, JJ.
Sardar M. Latif Khan Khosa, Senior ASC (via video link from Lahore) for Petitioner along with Petitioner in person (at Islamabad). Mr. Muhammad Jaffar, Additional P.G. Punjab, Amir Malik, DSP, Ghulam Mustafa, IO and M. Razzaq, SI for State (through video
ADEEL MANZOOR--Petitioner
VERSUS
STATE and others--Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 498
Law: Penal Code (XLV of 1860)
Section: 380/452
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code 1860, Ss. 380/452--Family suit--Pre-arrest bail--Grant of--Complainant is husband of the sister of the petitioner and she had filed a suit for recovery of dowry articles which was decreed ex-parte--The bailiff was appointed to recover the said articles--On the date of occurrence of this case, bailiff visited the house of the complainant but failed to recover the same--Even the arrival of the bailiff has also been suppressed--All these circumstances clearly indicate the malafide and ulterior motive on the part of the complainant--Petition is converted into an appeal and the same is allowed. [P. 220] A & B ORDER Sardar Tariq Masood, J.--The petitioner Adeel Manzoor through this petition has impugned the order dated 19.09.2022 of the Lahore High Court, Lahore whereby, pre-arrest bail was declined to him in case FIR No. 647 dated 07.04.2022, registered at Police Station Sundar District Lahore, under Sections 380 and 452 of the Pakistan Penal Code. 2. The allegation against the petitioner, his co-accused Touqeer, Manzoor Ahmed and seven other un-known persons is that they stole away house hold articles of the complainant. 3. After hearing learned counsel for the petitioner and learned APG and counsel for the complainant, we observed that complainant Khudadad Bhandara is husband of the sister of the petitioner and she had filed a suit for recovery of dowry articles which was decreed ex-parte and in the execution proceedings, the bailiff was appointed to recover the said articles. On 24.03.2022, which is the date of occurrence of this case, the bailiff visited the house of the complainant but failed to recover the same. According to the bailiff, the complainant was not present in the house and he kept on waiting for two…
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