Case Details

Citation(s)
2010 SLG 2772 = 2010 SLD 2772 = 2010 MLD 991
Lahore High Court
Criminal Miscellaneous No. 3890-B of 2009, decided on 29th October, 2009.
Presented By: Mansoor Akbar Kokab, J

MUHAMMAD ARIF and another---Petitioners

VERSUS

THE STATE and another---Respondents

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.426---Mischief---Bail, grant of---Further inquiry---Out of more than 1000 persons, only two accused persons were arrested who had suffered judicial detention for long period of more than 2-1/2 months despite the fact that neither any specific role was attributed to them nor specific arm was attributed in the F.I.R.---Making accused persons out of such a large number of mob and to confine them in the judicial lock-up for such a long period, appeared hard and harsh act, especially when the allegation against accused persons could be attributed to each and every member of the mob-Such discrimination had made accused persons to have a case of further inquiry---Accused were admitted to bail, in circumstances. Rana Muhammad Asif Saeed for Petitioners. Syed Mukhtar Masood Bukhari, DDPP for the State. ORDER MANSOOR AKBAR KOKAB, J.---Present petitioners are only arrested ones out of allegedly more than one thousand persons' mob protesting against MEPCO/WAPDA Sub-Division, Sira-e-Sidhu District Khanewal, the Assistant Manager who lodged the complaint with Police Station Sira-e-Sidhu, District Khanewal on 21-7-2009, wherein he nominated that 32 named persons forming a band, led the mob and had broken the main gate of the complainant's office, while out of 1000, approximately 300 persons entered into the office, causing severe damage to the property i.e. furniture, stationery, store items, motor-cycle, computer, almirahs and certain other thing valuing approximately Rs.15,00,000 to Rs.20,00,000, besides setting on fire the record of the office. The eye-witnesses mentioned in the F.I.R. are the employees of the WAPDA and the colleagues of the complainant. Surprisingly out of 1000 persons only the present two were arrested and…
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