Law: Criminal Procedure Code (V of 1898)

Section: 498

Criminal Procedure Code (Y of 1898)              S. 498-Bail before arrest-Plea of alibi taken by accuse open to serious doubt-Contention that dimensions of injury did not show that it had been caused by rifle, further, that complainant party was aggressor-Such contentions subject of inquiry at trial ; positive finding not warranted in proceedings for bail-No allegation against police that they had implicated accused falsely--Accused held, cannot be admitted to bail before arrest. Date of hearing: 5th February 1973.                                                                                                                           JUDGMENT This is an application moved by Mumtaz Hussain for bail before arrest in case State v. Mumtaz Hussain and others under section 307/326/148;1149, P. P. C. registered on the 25th of November 1972 at Police Station Makhdum Rashid, Tehsil and District Multan. The petition cattle up for hearing on the 19th of December 1972 when Mumtaz Hussain, petitioner, was admitted to interim bail on the ground that, as contended on his behalf, he had been falsely implicated inasmuch as the incident was said to have taken place at 10-00 a.m. on the 25th of November whereas he had been admitted in the Nishtar Medical Hospital, Multan, at 9-00 a.m., the same day. On the 25th of January 1973 when the petition came up for purposes of confirmation of the bail order, it was submitted by the learned counsel for the State that the petitioner had, in fact, been admitted in the hospital at 2 00 p.m, and that his allegation in the petition for bail was incorrect. I, therefore, directed the Investigating Officer to be present in Court with the file of the case. 2. I have heard the learned counsel for the parties. 3. The petitioner in support of his plea of alibi placed reliance on an…