Case Details

Citation(s)
2026 SLG 4750 = 2026 SLD 4750 = 2026 PLJ 106
Lahore High Court
Crl. Misc. No. 44435-B of 2025
Presented By: Muhammad Amjad Rafiq JUDGE
Rana Inzamam ul Hassan Joiya, Advocate with Petitioner. Sh. Muhammad Asif Ashraf, Deputy Prosecutor General for State. Nemo for Complainant. Date of hearing: 11.9.2025.

MUHAMMAD FAROOQ--Petitioner

VERSUS

STATE etc.--Respondents

Law: Code of Criminal Procedure, 1898

Section: 498

Law: Pakistan Penal Code (PPC),1860

Section: 506(b), 148, 149

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 506(b), 148 & 149--Pre-arrest bail, grant of--Principle of consistency--The role attributed to the present petitioner was of pointing pistol while extending threats--Counsel for the petitioner contends that out of 13 nominated accused, 08 have been admitted to bail and principle of consistency is attracted in this case--Deputy Prosecutor General after perusal of police record states that a cross version also stood recorded in this case under the same offence which is intact and complainant of this FIR, being accused of such cross version has already been admitted to bail--Petitioner also deserves to be granted pre-arrest bail--It is trite that mere for the purpose of effecting recovery, pre-arrest bail cannot be declined when otherwise case for further inquiry is made out.                                                                     [Para 3] A 2017 SCMR 2060. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pre-arrest bail--Grounds of mala fide--Granted pre-arrest bail to the accused therein not only on the grounds of mala fide, ulterior motives and abuse of process of law, but also on the ground of further inquiry.  [Para 3] B 2024 SCMR 805. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pre-arrest bail--Further inquiry--While granting pre-arrest bail, the merits of the case can be touched upon by the Court and question of further inquiry can also be stretched at this stage as well. In the circumstances, apparently petitioner has made out a case for grant of pre-arrest bail. [Para 3] C 2023 SCMR 2081 & 2023 SCMR 884. Rana Inzamam ul Hassan Joiya, Advocate with Petitioner. Sh. Muhammad Asif Ashraf, Deputy Prosecutor General for State. Nemo for Complainant. Date of hearing: 11.9.2025. Order…
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