Pakistan Case Lawโ† Search
PLJ 2007 Cr.C. (Lahore) 657

ZAFAR IQBAL and another vs STATE

CitationPLJ 2007 Cr.C. (Lahore) 657
CourtLahore High Court
Case No.Crl. Misc. No. 1119-B of 2007
Date2007-02-21
Judge(s)Sardar Muhammad Aslam
ResultPetition allowed

ORDER.

The petitioners, through this petition, seek pre arrest bail in case FIR No.611 dated 31.10.2006 registered under Sections 337-F (i, v)/A (i, ii,)/337-L (ii)/148/149 PPC with Police Station, Saddar Arifwala District Pakpattan Sharif, on the grounds that case of the petitioners falls under Section 337-L (ii) PPC which is bailable; and that co-accused of the petitioners, attributed injuries graver than petitioners have been allowed post-arrest bail.

2. On the other hand, learned DPG opposed the grant of pre-arrest bail on the ground that pre arrest bail is an extra ordinary relief given to innocent persons to save them from disgrace and humiliation at the hands of police.

3. I have heard the learned counsel for the parties and perused the record.

4. Co-accused of the petitioners namely Yaqoob, Akram and Irshad had caused injuries graver in nature than that of petitioners. They have been released on post arrest bail. Ejaz carrying bat in his hand caused injuries on Faisal ur Rehman while Zafar Iqbal, with sota, on the person.of Abid Ali. The petitioners have joined the investigation. No useful purpose would be served in refusing concession of pre arrest bail as they will be entitled to the same relief as provided to their co-accused on principle of consistency. In Muhammad Ramzan v. Zafar UIIah and another (1986 SCM R 1380), the Honourable Supreme Court refused to cancel pre-arrest bail in-almost similar circumstances.

5. For what has been discussed above, this petition is allowed and petitioners' bail already granted earlier by this Court is confirmed provided they furnish fresh bail bonds in the sum of Rs. 50,000/- each with one surety each in the like amount to the satisfaction of the learned trial Court.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch