Law: Criminal Procedure Code (V of 1898)

Section: 497(5) , 302/382/148/149/109

Criminal Procedure Code (V or 1898)-- ---S.497(5)---Penal Code (XLV of 1860), S. 302/382/148/149/109---Pre-arrest bail, cancellation of---Only allegation against accused in F.I.R. was that accused persons had stayed for a night in his house---No allegation of criminal conspiracy in F.I.R. against accused---Two witnesses who stated before police that accused had distributed fire-arms to actual culprits were not named in F.I.R. and their presence at that time could not tentatively be believed who were residents of another village ---Mala fides of police or complainant is to be judged from circumstances of case---Enmity between two-witnesses and accused was apparently proved by documentary evidence---Police recorded statements of enemies of accused who placed on record many applications given against police for transfer of investigation to some other agency and police appeared to be against him on that account---Although according to accused he had joined investigation, yet he was alleged not to have done so ---Mala fides of police and complainant were therefore prima facie evident---Plea of alibi taken by accused could be proved after examination of witnesses-Interference, with order of lower Court granting pre-arrest bail to accused thus was declined in circumstances. Sardar Ahmad Khan for Petitioner. Muhammad Asif Khan for Respondent No.l. Mushtaq Ahmad Farazi for the State. Muhammad Hussain Inspector Police is present. ORDER The pre-arrest bail was granted to Sardar Muhammad respondent, who happens to be an Irrigation Patwari, on 18-9-1989 by the learned Additional Sessions Judge, Rahimyar Khan. A petition under section 497(5) of the Cr.P.C. has been moved for the cancellation of the bail granted to the respondent on the ground that the mala fide on the part of the complainant or the police has not been proved and, in the circumstances of the case, the pre-arrest bail could not be granted. Sardar Ahmad Khan, Advocate, learned counsel for the petitioner has, however, submitted that it could be a case of post-arrest bail and not of pre-arrest, bail. In this case, Akbar, Rafiq, Abdul Haq, Muhammad Tufail, Riaz, Nazir Ahmad and two sons of Allah Ditta, Headman,…