Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 468/467/147/448/454/506-B

Criminal Procedure Code (V of 1898)---   ----S. 498---Penal Code (XLV of 1860), Ss.468/4671471/448/454/506-B---Pre-arrest bail, grant of---Grounds for grant of bail before arrest were .quite different from grounds for -bail after arrest---Accused, in the case of bail before arrest, had to show mala fides on the part of complainant party---Nothing had been placed on record from which it could be deduced that case against the accused was an outcome of enmity of complainant or any prosecution witness was biased against the accused---Merely because the offence was not punishable with death, imprisonment for life or 10 years imprisonment, was no ground for grant of pre-arrest bail in each and every case---Reasonable grounds were available to believe that the accused was prima facie guilty of offence---Application for bail before arrest stood dismissed, in circumstances.   Adnan Ahmed for Applicant.   Qazi Wali Muhammad for the State. ORDER The facts leading to present application for bail are that F.I.R. No.146 of 2002 was registered against the applicant/accused Muhammad Sadiq Awan at Police Station Boat Basin, Karachi under sections 468, 467, 471, 448, 454, 506-B, P.P.C. and after usual investigation he has been sent up to stand trial. The contents of the F.I.R. dated 17-8-2002 are reproduced hereinbelow in extenso:-- ‘Received written complaint from the complainant which is as under:-- 26-7-2002, S.H.O. Boat Basin Police Station Clifton, Karachi, Ref. Flat No.113, St.1, 1st Floor, Marine Drive, Clifton, Karachi. Dear Sir, May I bring to your kind attention that I have purchased above flat from one Mr. Ahmed Saeed Khan son of Muhammad Ahmed, resident of 30/26-B Area, Liaquatabad, Karachi holding NIC No.501-62-340539, December, 1997 this flat was bought by him from Messrs Kamran Construction (Put.) Ltd., Karachi and after having aid all necessary payments up to date he was handed over the physical possession of the said flat alongwith 114 and 115, Marine Drive, Clifton, Karachi which were adjacent to the said flat which are also bought by one directly from Messrs Kamran Construction (Put.) Ltd. after reporting the police, Boat Basin, Karachi and…

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