Case Details

Citation(s)
2002 SLG 856 2002 SLD 856 2002 PCRLJ 81
Lahore High Court
Criminal Miscellaneous No.1925/B of 2001, decided on 29th August, 2001.
MUHAMMAD FARRUKH MAHMUD, J
Muhammad Bashir Khan for Petitioner. Muhammad Tanveer Sheikh for the Complainant. Malik Abdul Hameed Khokhar for the State.

ADNAN NABI

VS

THE STATE

Law:

Section:

(a) Criminal Procedure Code (V of 1898)---   ----S. 498---Penal Code (XLV of 1860), S.324---Pre-arrest bail, confirmation of---Prime consideration---Complainant had alleged that the accused fired at him which missed and hit the nearby wall, but no mark of fire was on the wall and no empty was recovered from the spot-- Accused had joined the investigation not only after the grant of pre-arrest bail, but earlier as well---Delay of about 22 hours in reporting the matter to the police was not satisfactorily explained---No injury having been caused on the person of the complainant and no empty having been found from the scene of occurrence, the recovery of pistol would hardly be relevant---Prime consideration for grant of pre-arrest bail would be the unjustified arrest---If the pre-arrest bail was not granted to the accused merely on the technical ground, it would serve no purpose as the accused had already joined the investigation---In case of the accused Police Officer instead of applying his mind, had been acting blind-folded upon the dictates of the complainant which had shown the mala fides on the part of the police---Interim pre-arrest bail already granted to the accused, was confirmed in circumstances.   (b) Criminal Procedure Code (V of 1898)---   ----S. 103---Applying third degree method in recovery proceedings--¬Third degree method could not be allowed to be applied on the accused for the purpose of recovery.    Muhammad Ashraf and another v. The State 1982 PCr.LJ 1286 and Muhammad Mehmood Sultan v. The State 1978 PCr.LJ 104 ref.   Muhammad Bashir Khan for Petitioner.   Muhammad Tanveer Sheikh for the Complainant.   Malik Abdul Hameed Khokhar for the State. ORDER Adrian Nabi son of Ghulam Nabi had applied for his pre-arrest bail in a case F.I.R. No.213 of 2001, dated 12-7-2001 under section 324, P.P.C. registered at Police Station Farid Town, Sahiwal, as his application for pre-arrest, bail was dismissed by the learned Sessions Judge, Sahiwal, vide his order, dated 13-8-2001. The petitioner moved his application for pre-arrest bail before this Court and he was admitted toad interim pre-arrest bail vide order, dated…
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