| Citation(s) |
|---|
| 2021 SLG 1870 2021 SLD 1870 2021 PLJ 736 |
Lahore High Court
Crl. Misc. No. 1358-B of 2021, decided on 24.3.2021, Date of hearing: 24.3.2021.
MUHAMMAD WAHEED KHAN, JUSTICE.
Khawaja Qaiser Butt, Advocate along with Petitioners Nos. 2 Malik Mudassar Ali, Deputy Prosecutor General for State. Malik Muhammad Majid Shahbaz Khokhar, Advocate for Complainant.
Crl. Misc. No. 1358-B of 2021, decided on 24.3.2021, Date of hearing: 24.3.2021.
MUHAMMAD WAHEED KHAN, JUSTICE.
Khawaja Qaiser Butt, Advocate along with Petitioners Nos. 2 Malik Mudassar Ali, Deputy Prosecutor General for State. Malik Muhammad Majid Shahbaz Khokhar, Advocate for Complainant.
MANZOOR HUSSAIN ETC
VS
STATE ETC.
Law: Criminal Procedure Code (V of 1898)
Section: 498
Law: Pakistan Penal Code, 1860
Section: 382
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (V of 1898), S. 382--Pre-arrest bail, confirm of--Alleged occurrence as stated in the FIR took place whereas the matter was reported to the police with the delay of about nine months--Suit for permanent injunction filed by the accused-petitioners’ side regarding the same property is pending adjudication before the Civil Court--Involvement of the present petitioners with mala fide intention on part of the complainant cannot be ignored--Bail was allowed. JUDGMENT Apprehending arrest at the hands of the local police, Manzoor Hussain, Ghulam Abbas, Ghulam Shabbir, Mazhar Abbas and Mohsin Abbas petitioners seek pre-arrest bail in case FIR No. 07 dated 04.01.2021, registered under Section 382, PPC at Police Station Chobara, District Layyah. 2. The petitioners/accused along with others allegedly destroyed the crop of grams () and also uprooted and stole trees of worth Rs. 1,00,000/- from the land of complainant Zulfiqar Hussain. Hence, the instant FIR. 3. Pro and contra arguments heard. Record perused. 4. On going through the record, it transpired that the alleged occurrence as stated in the FIR took place on 30.03.2020 whereas the matter was reported to the police on 04.01.2021 with the delay of about nine months and no explanation whatsoever had been rendered by the complainant of such delay while lodging the instant crime report. Learned counsel…
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