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Specific Role of Causing Fire-arm PLJ 2020 CRC Note 22

PLJ 2020 Cr.C. (Note) 22 Specific Role of Causing Fire-arm

PLJ 2020 Cr.C. (Note) 22 Specific Role of Causing Fire-arm, Pre-arrest bail–Mala fide–Falsely implicate–Concession–Record fails to point out any mala fide on the part of the complainant or the police to falsely implicate the petitioner–Moreover, the concession of pre-arrest bail could be allowed to an accused if the Court felt satisfied about seriousness of the accused’s assertion regarding intended arrest of accused being actuated by mala fide on the part of complainant or local police.
Criminal Procedure Code, 1898 (V of 1898)–
—-Section 498–Pakistan Penal Code, (XLV of 1860), S. 324–Pre-arrest bail–Dismissal of–Specific role of causing fire-arm–Medical evidence–Moreover, this is second bail application of the petitioner–His earlier bail application has been dismissed due to non-prosecution as well as non-submission of bail bonds–Petitioner has also failed to justify his non-appearance as well as non-submission of bail bonds before High Court–Conduct of the petitioner is also disentitled– Object of pre-arrest bail is to protect an innocent person from harassment, humiliation and incarceration on the basis of false implication, but in the instant case the prosecution has sufficient incriminating material in shape of statements under Section 161, Cr.P.C. and medical evidence, which prima facie sufficiently connects the petitioner with the commission of alleged offence–Court therefore, find no reason to grant pre-arrest to the petitioner, this petition being devoid of any force is dismissed and ad-interim pre-arrest bail already granted to the petitioner is recalled.

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