| Citation(s) |
|---|
| 2013 SLG 2687 2013 SLD 2687 2013 YLR 1612 |
Lahore High Court
Criminal Miscellaneous No. 2001-B of 2011-BWP, decided on 20th September, 2011
ALTAF IBRHAIM QURESHI, J
S.M. Asif Bukhari for Petitioner. Khalid Pervez Opal, Deputy Prosecutor General and Muhammad Iqbal A.S.-I. for
Respondents
Criminal Miscellaneous No. 2001-B of 2011-BWP, decided on 20th September, 2011
ALTAF IBRHAIM QURESHI, J
S.M. Asif Bukhari for Petitioner. Khalid Pervez Opal, Deputy Prosecutor General and Muhammad Iqbal A.S.-I. for
Respondents
TALUKA RAAM
VS
The STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ---S. 498---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 5, 3 & 4---Possessing intoxicant---Ad interim pre-arrest bail, confirmation of---Legal possession of liquor---Probability of false implication---Delay in lodging of F.I.R.---Mala fide of police---Effect---Police on basis of prior information laid a check point to arrest the accused, however on seeing the police accused allegedly managed to escape, leaving behind his motorcycle, which contained 80 bottles of liquor---Accused, who was a non-Muslim, had a valid permit and authorization to keep 54 units of liquor in his possession---Articles 3 and 4 of Prohibition (Enforcement Of Hadd) Order, 1979, were not attracted to the present case in such circumstances---F.I.R. did not mention as to how much liquor was present in the 80 bottles, which were allegedly left behind by the accused---Given the fact that police party had prior information and had laid a check point to arrest the accused, question was as to how accused managed to escape in the presence of police-officials, who were armed with weapons---Record did not show that motorcycle allegedly left behind by accused belonged to him, meaning that accused was not known to the police, therefore, question was as to how police came to know that the person who managed to escape was the accused---False implication of accused could not be ruled out in such circumstances---Complainant was a police official but despite such fact F.I.R. was lodged after an inordinate delay of about 24 hours, which itself created doubt---Involvement of accused in the case was doubtful and facts available on record spoke of the mala fide on part of the police---Ad interim pre-arrest bail already granted to accused was confirmed in circumstances. ORDER ALTAF IBRAHIM QURESHI, J.--Through the instant petition filed under section 498, Cr.P.C., petitioner Taluka Raam son of Tara Raam, caste Bhail, resident of Chak No.85/A, Tehsil Liaqatpur, District Rahim Yar Khan seeks pre-arrest bail in case F.I.R. No.718 of 2011 dated 12-8-2011 registered under Articles 3 and 4 Prohibition (Enforcement of Hadd) Order, 1979 at Police Station…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492