Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 498---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10(4)/11---Penal Code (XLV of 1860), Ss.365/342/109---Pre­arrest bail---Bail before arrest was meant to protect the innocent citizens if they were found to have been involved due to mala fides or, ulterior motive's for Accused had not alleged any mala fides or ulterior motives for their false implication in the case by the complainant, witnesses or the police---Accused seemed to have misused the concession of extraordinary relief for pressurizing the complainant to resile from the earlier version and only when they had succeeded in' obtaining her affidavits in this regard, they had approached the High Court, otherwise their conduct before the lower Court was different as after obtaining interim bail they did not bother to appear in that Court on final hearing and their bail applications were dismissed for non-prosecution---One of the accused was a police constable and prosecution evidence was likely, to be tampered with---Affidavits could not be given the status of evidence at such stage---Accused were involved in .a case of heinous offence with serious allegations against them---No reason for false implication of accused having' appeared, they were not entitled to any discretionary relief---Pre-arrest bail was-refused to accused accordingly. PLD1977 Lah. 1261; 1995 MLD 1254 and PLD 1990 SC 83 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Bail before arrest---Intentâ-ž and purpose---Pre-arrest bail is meant to protect the innocent citizens if they are found -to have been involved due to mala fides or ulterior motives. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 497/498---Bail---Affidavits---Affidavits sworn in favour of accused cannot be given the status of evidence at bail stage. PLD 1977 Lah. 1261; 1995 MLD 1254 and PLD 1990 SC 83 ref. ORDER This single order will dispose of two applications for pre-arrest bail i.e. Criminal Miscellaneous No.2846/B of 2003 and Criminal Miscellaneous No.2912/B of 2003 as the petitioners in both the applications are accused in similar case F.I.R. No.365 of 2003 registered on 4-9-2003…

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