Case Details

Citation(s)
2008 SLG 1740 2008 SLD 1740 2008 SCMR 980
Supreme Court of Pakistan
Criminal Petition No.325 of 2007, decision dated: 10-03-2008.(On appeal from the judgment, dated 12-11-2007 in Criminal Miscellaneous No.116 of 2007 passed by the High Court of Sindh Karachi)
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
Muhammad Ilyas Siddiqui, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Petitioners. M. Qasim Khan, A.A.G. Sindh, and Raja Abdul Ghafoor, Advocate-on-Record for
Respondent/State

ALAM CHAND alias ALOOMAL and 2 others

VS

JAMIL AHMAD and another

Law:

Section:

Criminal Procedure Code (V of 1898)---S. 497---Pre-arrest bail, grant of---Object---Pre-arrest bail may be granted when a case is based on enmity, mala fide, registered for ulterior motive, or where no offence is shown to have been committed on the basis of the record because the object is to protect the innocent persons from humiliation, harassment and disrespect. Ch. Waris Ali v. The State 2007 SCMR 1607; Lal Muhammad Kalhoro and others v. The State 2007 SCMR 843; Masood Ahmed alias Muhammad Masood and another v. The State 2006 SCMR 933; Syed Muhammad Firdaus and others v. The State 2005 SCMR 784; Rais Wazir Ahmad v. The State 2004 SCMR 1167; Mst. Qudrat Bibi v. Muhammad Iqbal and another 2003 SCMR 68; Malik Zafar Abbas v. Agha Raza Abbas Qazilbash and another PLD 2002 SC 529 and Murad Khan v. Fazal-e-Subhan and another PLD 1983 SC 82 ref. JUDGMENT CH. EJAZ YOUSAF, J.---This petition for leave to appeal is directed against the judgment, dated 12-11-2007 whereby bail before arrest granted to the petitioner by the Additional Sessions Judge Thatha, vide order, dated 23-12-2006 was cancelled. 2. Facts of the case in brief are that on 7-10-2006 report was lodged by one Jameel Ahmad Pirzada with Police Station, Makly, wherein it was alleged that petitioners Nos.1 and 2 had committed fraud with the complainant party by issuing false cheques, hence a civil suit was filed by the complainant in which Salahuddin son of Khaliq Dino Dal was also cited as a witness. The accused persons were, however, pressurizing the complainant party for withdrawal of the said case. On the day of occurrence complainant along with aforenamed witness left his house on motorcycle to attend the Court. On their way, they also took with them one Fayyaz Ahmad who had asked them to drop him at Thatta. At about 7-45 a.m., near Palari' Petrol Pump, they were intercepted by Alam Chand, Ashok Kumar, Bhawan and another person who were riding motorcycles. In the meantime, a Suzuki carry van of white colour too, rear red at the spot wherefrom three persons armed with Lathies alightened. Alam Chand started absusing the complainant and asked his sons not to leave the complainant party and kill them,…
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