| Citation(s) |
|---|
| 2026 SLG 4630 = 2026 SLD 4630 = 2026 PLJ 173 |
Lahore High Court, Bahawalpur Bench, Bahalwalpur
Crl. Misc. No. 2924-B of 2025
Presented By: Sadiq Mahmud Khurram JUDGE
Mr. Shabbir Ahmad Awan, Advocate for Petitioner. Jam Waheed Ahmad Bobra, Deputy District Public Prosecutor for State. Mr. Zahid Mehmood Khan Advocate for
Respondent No. 2/ Complainant. Date of hearing: 10.9.2025.
Crl. Misc. No. 2924-B of 2025
Presented By: Sadiq Mahmud Khurram JUDGE
Mr. Shabbir Ahmad Awan, Advocate for Petitioner. Jam Waheed Ahmad Bobra, Deputy District Public Prosecutor for State. Mr. Zahid Mehmood Khan Advocate for
Respondent No. 2/ Complainant. Date of hearing: 10.9.2025.
MUHAMMAD NADEEM--Petitioner
VERSUS
STATE and another--Respondents
Law: Code of Criminal Procedure, 1898
Section: 498
Law: Pakistan Penal Code (PPC),1860
Section: 380
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, 1860 (XLV of 1860), S. 380--Pre-arrest bail, grant of--Allegation of--Committed theft of five goats--In F.I.R, no distinctive features of stolen goats have been mentioned therefore, even if any recovery is made, it would be impossible to relate same with stolen goats--Arrest of petitioner is not necessary for purpose of recovery and said purpose can be achieved by procuring a search warrant by Investigating Officer--It is also observed that even though this is a pre-arrest bail still same cannot be decided in a vacuum--The involvement of petitioner is based on mala fide and malicious intent, is an assertion which cannot be said to be without basis and foundation at this stage--Investigating Officer has already verified versions of complainant as well as petitioner during investigation of case--Sending petitioner behind bars at this stage would cause irreparable loss to his reputation and would serve no useful purpose--Bail allowed. [Para 4] A & C PLD 2021 SC 708 & PLD 2017 SC 730. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pre-arrest bail--Mere allegation against an accused is not sufficient and there must exist some positive evidence even for refusing of a pre-arrest bail. [Para 4] B PLD 2021 SC 708. Mr. Shabbir Ahmad Awan, Advocate for Petitioner. Jam Waheed Ahmad Bobra, Deputy District Public Prosecutor for State. Mr. Zahid Mehmood Khan Advocate for Respondent No. 2/ Complainant. Date of hearing: 10.9.2025. Order Through this petition under Section 498, Cr.P.C. the petitioner, namely Muhammad Nadeem seeks pre-arrest bail in case F.I.R. No. 818 of 2024, dated 18.09.2024, registered in respect of an offence under Section 380, P.P.C. at Police Station Minchinabad, District Bahawalnagar.…