Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 341,342,148,149,365

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 341, 342, 148, 149 365--Bail before arrest, confirmed--Ulterior motive--Un-explained delay--No independent witness--However, the Additional Sessions Judge dismissed that bail application on the ground that allegations leveled in the FIR also constitute an offence under Section 365, PPC which is not bailable--Prosecution case smacks of malice as the Complainant has neither explained the inordinate delay in registration of FIR nor has disclosed the motive behind the alleged incident--Bail was confirmed. ORDER The Petitioners are accused of offences under Sections 341, 342, 365, 148, 149, PPC in case FIR No. 4/2020 dated 06-01-2020 registered at Police Station Sahuka, District Vehari. Through this application they.seek pre-arrest bail in that case. 2. As per FIR, the prosecution case is that on 30-12-2019 at about 9:00 p.m., the Complainant and his nephew Muhammad Shahbaz, were on their way home when the Petitioners and their co-accused intercepted them near the Raja-Walay Bridge in Chak No. 307/EB. They forced him and Muhammad Shahbaz onto their motorcycles on gunpoint and took them to the village but released Muhammad Shahbaz after a while. However, they threatened to abduct and kill him if he did not pay them Rs. 210,000/- by 7.1.2020. 3. Mr. Rizwan Ahmad Khan, Advocate, learned counsel for the Petitioners contended that the Petitioners were innocent and the Complainant had falsely implicated them in this case due to ulterior motives. The FIR was lodged with an unexplained inordinate delay which made the prosecution version extremely doubtful. Lastly, the PWs were interested witnesses and there was no independent evidence to corroborate them. 4. Mr. Muhammad Usman Sharif Khosa, Advocate, submitted that the FIR was originally registered under Sections 341, 342, 148, 149, PPC which were bailable offences and the Petitioners were entitled to bail as of right. However, the learned Additional Sessions Judge withheld it on the ground that Section 365, PPC was also attracted to the facts and circumstances of the case. The learned counsel Contended that the learned Court…

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