Case Details

Citation(s)
2009 SLG 312 2009 SLD 312 2009 PLD 531
Lahore High Court
Criminal Miscellaneous No. 1524-B of 2009, decided on 11th February, 2009
RANA ZAHID MAHMOOD, J

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RIASAT ALI and 2 others

VS

THE STATE

Law: Pakistan Penal Code, 1860

Section: 395,355,353,186,342,000,000

Law: Criminal Procedure Code (V of 1898)

Section: 497,498,7,8,9(4),86,9,68,93C,76,76(3),76 (2)

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.395/355/353/186/342/148/149---Pre-arrest bail, refusal of---Accused allegedly had committed a grave offence by snatching public record from the public functionary, Girdawar Halqa, an employee of Revenue Department, simply because he had refused to the accused an excess to Revenue Record without lawful course---Despite the offence having been committed in District Nankana Sahib, accused had got protective bail from an Additional Sessions Judge, Lahore, who had no territorial jurisdiction to grant such bail, allowing them to appear before Sessions Court Nankana Sahib till a specified date---Accused, however, did not avail the said facility and had directly come to High Court for pre-arrest bail---Accused had not approached the Sessions Court concerned since registration of the case and had been trying to play hide and seek with the Court bypassing the concerned Sessions Court---No ground for pre-arrest bail was made out---Petition was consequently dismissed in limine with the direction to accused to approach the Sessions Court concerned in the first instance. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497/498, 7, 8 & 9---Interim pre-arrest bail or protective bail---Territorial jurisdiction---Sessions Court has no jurisdiction to grant interim pre-arrest bail or protective bail to an accused of offence registered through F.I.R. out side the District where it is situated, simply because the jurisdiction of Sessions Court is limited to its District only and not outside. ORDER RANA ZAHID MAHMOOD, J.---Pre-arrest bail application in case F.I.R No.20-2009 dated 23-1-2009 under sections 395, 355, 353, 186, 342, 148, 149 P.P.C. Police Station Faizabad District Nankana Sahib wherein it is alleged that petitioners while armed with fire-arms gave beating to the complainant who is Girdawar Halqa and is public servant and snatched from him Rs.100,000 cash apart from revenue documents including copies of mutations and took away mobile telephone and also put footwear around the neck of the complainant and also made him to sit on donkey cart and got his photographs grave in such a…
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