Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 498--- Penal Code (XLV of 1860), Ss. 452/354/448/511---Constitution of Pakistan, Art. 185(3)---House-trespass after preparation for hurt, assault or wrongful restraint, assault or criminal force to woman with intent to outrage her modesty, house-trespass, attempting to commit offences punishable with imprisonment for life or for a shorter term---Pre-arrest bail, grant of---Dispute over right of way---Complainant and accused's father were owners of separate plots, which had separate streets in front of them---Contention of accused was that his father closed access/right of way from his plot towards the street but complainant wanted to have right of way on both sides, i.e. from her plot and that of accused's father, which was neither legally warranted nor morally justified---Validity---Application of S.452, P.P.C., in circumstances of the case, remained a moot point and possibility of false implication of accused for reasons other than bona fide could not be ruled out---Supreme Court converted the petition into appeal and allowing the same admitted the accused to pre-arrest bail. Rai Bashir Ahmed, Advocate Supreme Court for Petitioners. Mazhar Sher Awan, Additional P.-G. and Faiz Ahmed, A.S.-I. Saddar, Tandlianwala for the State. Complainant in person. Date of hearing: 21st February, 2012. ORDER TASSADUQ HUSSAIN JILLANI, J.--- Seeks pre- arrest bail in a case registered vide F.I.R. No.684 of 2011 dated 26-10-2011 under sections 452/354/448/511, P.P.C. at Police Station Saddar, Tandlianwala, District Faisalabad on the statement of Mst. Rani Bibi who alleged that the petitioners along with 4 co-accused armed with 'sotas' made trespass into her house, hurled abuses, gave her physical beating and tore her clothes. 2. Learned counsel for the petitioners seeks bail on the ground that the case is false; that petitioners' father owned 3 marlas of plot No.83 but subsequently he purchased the remaining 3 marlas as well and became full owner of plot No.83; that both the plots (plot No.83 and plot No.84) have separate streets in front of them and since petitioners' father became full owner of plot No.83, he closed the access/right…

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