Law: Criminal Procedure Code (V of 1898)

Section: 498-A

Criminal Procedure Code (V of 1898) Ss.498 & 498-A-Pre-arrest bail-Petitioner, in order to justify grant of pre-arrest bail, must show apprehension of his arrest on account of ulterior motives-Grant of pre-arrest bail-Not a rule Allegations made in first information report and result of post-mortem examination, held, justified refusal of pre-arrest bail in case in hand                                                                                                                                                            ORDER ANWARUL HAQ, J.-After hearing the learned counsel for the parties, we have decided to convert this petition into an appeal and dispose it of accordingly.                       The appellant is aggrieved by an order of the Lahore High Court dated the 28th of October, 1975, whereby bail before arrest has been allowed to the respondent Yamin Khan in a case relating to the murder of the petitioner's son Asrar Jilani. 2. According to the first information report lodged by the appellant on 7-3-1975, the respondent was wanting to establish sexual relations with the deceased boy, but the latter was resisting, and it was for the reason that the respondent deliberately crushed the deceased under his tractor when the deceased was riding a bicycle on his way to the village. It is alleged that the respondent deliberately chased the deceased into the wheat field, hitting him with his tractor from behind. In the first instance, a challan was submitted under section 304-A, P. P. C., but as a result of further investigation by the Crimes Branches the offence was changed to one under section 302, P. P. C. 3. The learned counsel appearing for the appellant submits…