Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 379

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 498--Pakistan Penal Code, (XLV of 1860), S. 379--Admission of guilt of pious men--Delay in FIR--Co-accused granted post arrest bail--Pre-Arrest bail--Confirmation of--Allegation against the petitioner is that she alongwith her co-accused committed theft of two tires alongwith rims of the tractor trolley of the complainant--She admitted before the nekmards (pious men) that she is ready to return all the theft articles--Petitioner is an illiterate lady and could not understand any document--FIR was lodged after an inordinate delay of more than three months--Co-accused of the petitioner who was ascribed the similar role, has been granted post-arrest bail by the court of competent jurisdiction--Section 379 PPC does not fall within the prohibitory clause of section 497 Cr.P.C--No useful purpose would be served by sending the petitioner behind the bars--Convert this petition into appeal, allow it, set aside the impugned order and confirm the ad interim pre-arrest bail. PLD 1995 SC 34 ref. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 498--Pre-arrest bail and post arrest bail--Any order by this Court on any technical ground that the consideration for pre-arrest bail and post arrest bail are entirely on different footing would be only limited upto the arrest of the petitioner because of the reason that soon after her arrest she would be entitled for the concession of post-arrest bail on the plea of consistency. 1986 SCMR 1380; 2021 SCMR 2086; 2022 SCMR 821; 2022 SCMR 1424 ref. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Merits of the case--While granting pre-arrest bail, the merits of the case can be touched upon by the Court. PLD 2021 SC 898; PLD 1989 SC 347; 2022 SCMR 1424; 2022 SCMR 1271 ref. ORDER Sayyed Mazahar Ali Akbar Naqvi, J.--Through the instant petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the order dated 28.04.2023 passed by the learned Single Judge of the learned High Court of Sindh, Circuit Court Hyderabad, with a prayer to grant pre-arrest bail in case registered vide Crime No. 62/2023 under Section 379, PPC at…

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