Law: Criminal Procedure Code (V of 1898)

Section: 498,497

Law: Constitution of Pakistan, 1973

Section: 2A

Law: Pakistan Penal Code, 1860

Section: 326,324,323,147,148

(a) Criminal Procedure Code (V of 1898)----S. 498--Penal Code (XLV of 1860), Ss. 326, 324, 323, 147 & 148--Bail before arrest--Affidavit--Complainant on whose instance case was registered against the accused and injured witnesses themselves disowned the prosecution case by affidavits--Complainant and such witnesses were identified by Investigating Officer in the Court and they all owned their respective affidavits--Case being that of further inquiry bail before arrest was granted. Complainant on whose instance the case was registered against the accused, himself disowned the prosecution case. No statements of the complainant or the eye-witnesses were recorded under section 164, Cr.P.C. before a Magistrate. Only statements of the complainant, the eye-witnesses and the Mashir were recorded under section 161, Cr.P.C. by the Police. There were two sets of the statements of the complainant and the witnesses; one before the police and the other before a Judicial Officer of the Sessions Court And the High Court. Thus the affidavits sworn in the Sessions Court and High Court are to be given preference over a statement recorded by the Police under section 161, Cr.P.C., at least for the purpose of the bail application. The conflict may, however, be resolved at the time of trial. For the present there was a case for "further inquiry" in the matter. (b) Criminal Procedure Code (V of 1898)-- ---S. 498--Bail before arrest--Mala fides, when sufficient ground for grant of bail before arrest--Allegation by complainant that he had not given name of accused (applicant) to the police and the police was inimical towards accused--Mala fides having been established, bail before arrest was granted to accused. If there is specific allegation which leads to a circumstance by which mala fides may be inferred prima facie, the said allegation would be sufficient for granting bail before arrest on that account. In other words, it will suffice if there is mala fides, prima facie. In the present case an allegation has been clearly made by the complainant that he had not given the names of the accused/ applicants to the police and the police is inimical towards the accused /applicants,…

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