Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Penal Code (XLV of 1860)

Section: 324,337-D,148,149

(a) Criminal Procedure Code (V of 1898)--S. 498---Constitution of Pakistan, Art. 185(3)---Pre-arrest bail---Scope---Premium of pre-arrest bail was to be extended sparingly---However, if the facts and circumstances did warrant that the person seeking such relief was falsely implicated and there was likelihood of injustice being done upon him, the Court was under an obligation to come to the rescue of innocent persons while granting the said extraordinary relief. (b) Penal Code (XLV of 1860)---Ss. 324, 337-D, 148 , 149---Constitution of Pakistan, Art. 185(3)---Murderous assault---Ad interim pre-arrest bail, confirmation of---Present case was registered after a lapse of 24 hours whereas the distance between the place of occurrence and the police station was hardly four miles on a metal road---Although the accused was assigned the role of causing firearm injury on the right side of chest of the complainant’s brother but this aspect had been found false during the course of investigation, which remained unchallenged---During the course of investigation, it was further found that in-fact it was a co-accused who fired at the injured and as such he was taken into custody and pistol had also been recovered from him; that though the accused was present at the place of occurrence but he was empty handed and no overt act was ascribed to him---Petition for leave to appeal was converted into appeal and allowed, and ad-interim pre-arrest bail granted to the accused was confirmed. (c) Criminal Procedure Code (V of 1898)---Ss. 497 , 498---Constitution of Pakistan, Art. 185(3)---Bail stage---Benefit of doubt---Scope---Benefit of doubt could even be extended at bail stage. ORDER: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- Through the instant petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the order dated 22.06.2021 passed by the learned Single Judge of the Lahore High Court, Lahore, with a prayer to grant pre-arrest bail in case registered vide FIR No. 228/2021 dated 22.02.2021 under sections 324/ 337-D/148/149, P.P.C. at Police Station Sadar, Gujranwala, in the interest of safe administration of criminal…

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