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| 2025 SLG 3582 2025 SLD 3582 = 2025 YLR 1394 |
Lahore High Court
Crl. Misc. No. 65077-B of 2024, decided on 7th November, 2024.
Before Farooq Haider, J
Barrister Abdul Qudoos Sohal with the petitioners (Petitioners have been identified by their counsel). Rana Muhammad Shafique, Deputy Prosecutor General for the State along with Sarwar, S.I./I.O. and record of the case. Malik Muhammad Hussain Awan for the Complainant/
Respondent No. 2.
Crl. Misc. No. 65077-B of 2024, decided on 7th November, 2024.
Before Farooq Haider, J
Barrister Abdul Qudoos Sohal with the petitioners (Petitioners have been identified by their counsel). Rana Muhammad Shafique, Deputy Prosecutor General for the State along with Sarwar, S.I./I.O. and record of the case. Malik Muhammad Hussain Awan for the Complainant/
Respondent No. 2.
MUHAMMAD ANWAR and others---Petitioners
VERSUS
The STATE and others---Respondents
Law: Penal Code (XLV of 1860)
Section: 452,354,337A(i),337L(2),148,149
Law: Criminal Procedure Code (V of 1898)
Section: 498,497(2),497
(a) Criminal Procedure Code (V of 1898)-------S. 498---Penal Code (XLV of 1860), Ss. 452, 354, 337-A(i), 337-L(2), 148 & 149---House-trespass after preparation for hurt, assault or wrongful restraint, assault or criminal force to woman with intent to outrage her modesty, shajjah-ikhafifah, causing hurt, rioting armed with deadly weapons, unlawful assembly--Pre-arrest bail, dismissed of---Allegations against the accused-petitioners were that they forcibly entered into the house of complainant lady, attacked and belabored the complainant, her mother and others, also tore clothes of complainant lady and her sister due to which they both became semi-naked, and snatched mobile phones and gold ornaments---Sufficient material was available on record to connect petitioners Nos.2 & 3 with the commission of alleged offences---Any mala fide, malice or ulterior motive could not be referred against the complainant lady, injured persons as well as Investigating Officer of the case to the extent of said petitioners and in absence of the same, pre-arrest bail could not be allowed---Similarly, on the basis of pleas structured upon bald denial and parallel stories pre-arrest bail could not be allowed---Bail petition to the extent of petitioners Nos. 2 & 3 was without any merit/substance, thus same was dismissed, in circumstances.Rana Abdul Khaliq v. The State and others 2019 SCMR 1129 and Ahtisham Aliv. The State 2023 SCMR 975 rel.(b) Criminal Procedure Code (V of 1898)-------Ss. 498 & 497(2)---Penal Code (XLV of 1860), Ss. 452, 354, 337-A(i), 337L(2), 148 & 149---House-trespass after preparation for hurt, assault or wrongful restraint, assault or criminal force to woman with intent to outrage her modesty, shajjah-i-khafifah, causing hurt, rioting armed with deadly weapons, unlawful assembly---Pre-arrest bail, confirmation of---Further inquiry---Allegations against the accused-petitioners were that they forcibly entered into the house of complainant lady, attacked and belabored the complainant, her mother and others; also tore clothes of complainant lady and her sister due to which they both became semi-naked and snatched mobile phones…