Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 452,427,354,34,506,148,149

Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 452, 427, 354, 34, 506, 148 & 149---Constitution of Pakistan, Art. 185(3)---House-trespass after preparation for hurt, assault or wrongful restraint, mischief causing damage to the amount of fifty rupees, assault or criminal force to woman with intent to outrage her modesty, common intention, criminal intimidation, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Offences not falling within prohibitory clause of section 497, Cr.P.C---Previous enmity between the parties---Accused was nominated in two FIRs---All the offences mentioned in the two FIRs fell out of the prohibition contained in section 497 of the Criminal Procedure Code (Cr.P.C.)---Record showed that there was some previous enmity between the parties over the lodging of an FIR---Accused was behind bars for a period of more than five months and his trial in both FIRs had not concluded---Petitions for leave to appeal were converted into appeals and allowed and accused was granted bail in both FIRs. ORDER SARDAR TARIQ MASOOD, J.--- Criminal Petition No.1174/2023 Post-arrest bail was declined to the petitioner by the Peshawar High Court in case FIR No.691/2022 dated 21.07.2022, registered at Police Station Badber, District Peshawar, under sections 452, 427, 354 and 34 of the Pakistan Penal Code (P.P.C.) through the impugned order, hence this petition for leave to appeal. 2. After hearing learned counsel for the petitioner, we observed that all the offences mentioned in the FIR are out of prohibition contained in section 497 of the Code of Criminal Procedure (Cr.P.C.). According to learned counsel the petitioner was involved in this case for the reason that the wife of his cousin lodged case FIR No. 690/2022 dated 21.07.2022 in which one Saddique Ullah lost his life, against the close relative of Mst. Nusrat complainant of the present FIR. It is also contended by the learned counsel that mother of the petitioner is an eye-witness of the said murder case. So there is some enmity/reason for implication of the petitioner in the case in which the offences are out of prohibitory clause. The petitioner…

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