Law:

Section:

Criminal Procedure Code (V of 1898)-------Ss. 497 & 498---Penal Code (XLV of 1860), Ss.337-F(v), 342, 365, 148 & 149---Ghayr-Jaifah, wrongful confinement and abduction---Bail, grant of---Prima facie case---Scrutiny of evidence---Enmity between parties---Pre-arrest bail granted to accused by Additional Session Judge was cancelled by High Court---Validity---In depth scrutiny of entire evidence was not required in such-like cases but no decision could be made in vacuum---Cursory glance of evidence would be quite inevitable to see as to whether case was registered with mala fides and ulterior motives or prima facie case connecting accused with commission of alleged offence was made out and thereafter it could be decided as to whether concession of pre-arrest bail could be extended in their favour or otherwise---Case was registered against entire family and there was no evidence of sodomy on record and further no arm injury whatsoever was found on the body of complainant except for fracture of his finger which according to medical report was fabricated and fracture was described as "self suffered"-Initially case was got registered under Ss. 148, 149 and 342 P.P.C. and subsequently addition of S.365 P.P.C. was made, which depicted mala fide and ulterior motive---Litigation was pending between parties on water course which indicated factum of enmity---Nothing could be produced on record by prosecution showing that concession of pre-arrest bail had been misused and accused remained absconders---Supreme Court set order passed by High Court and restored that of Additional Sessions Judge---Bail was granted. Murad Khan v. Fazal-e-Subhan PLD 1983 SC 82 and Muhammad Safdar v. State 1983 SCMR 645 rel. Sardar Muhammad Ghazi, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Petitioners. Mian Asif Mumtaz, D.P.-G., Arshad Ali Chaudhry, Advocate¬-on-Record and Sadiq Hussain, S.-I., Police Station Sadiqabad, District Rahim Yar Khan for Respondents. Date of hearing; 6th May, 2009. JUDGMENT JAVED IQBAL, J.--- This petition for leave to appeal is directed against order, dated 5-3-2009 passed by the learned, Single Judge of the Lahore High Court,…

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