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Mala Fide and Ulterior Motive Case Laws PLJ 2020 CrC Note 20

PLJ 2020 CrC (Note) 20 Mala Fide and Ulterior Motive

PLJ 2020 CrC (Note) 20 Mala Fide and Ulterior Motive, Criminal Procedure Code, 1898 (V of 1898)–Section 498(2) CrPC--Pakistan Penal Code, (XLV of 1860), Ss. 302, 324, 109, 148 & 149–Bail before arrest–Confirmation of–Allegation of hatched up story and instigation to accused persons for commission of offence–Mala fide and ulterior motive–Non-presence at spot– According to the F.I.R, present petitioner was also not present at the spot, rather his name has been given as accused of conspiracy on the asking/information given by two persons therefore, his involvement in the occurrence, prima facie, due to malafide and ulterior motive cannot be ruled out–Ad-interim pre-arrest bail already granted to the petitioner is hereby confirmed.

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