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2008 P Cr. L J 1142

MUHAMMAD MUNIR AHMAD vs MUHAMMAD ASIF and 10 others

Citation2008 P Cr. L J 1142
CourtLahore High Court
Case No.Criminal Miscellaneous No,2870/BC of 2008
Date2008-04-10
Judge(s)Muhammad Ahsan Bhoon
ResultPetition dismissed

ORDER

' MUHAMMAD AHSAN BHOON, J.--- The petitioner has sought cancellation of pre-arrest bail granted to respondents Nos.1 to 10 by the learned Additional Sessions Judge, Faisalabad vide order, dated 30-10-2007 in case F.I.R. No,392 of 2007, dated 30-5-2007 offence under section 379, P.P.C.

Registered with Police Station Thekriwala District Faisalabad.

2. Heard.

3. The record shows that learned counsel for the complainant was unable to contradict any of the reasons given by the learned Additional Sessions Judge at the time of grant of pre-arrest bail. Even nothing has been placed on the file before this Court which could show that the petitioner was in possession of the land in question. Similarly the F.I.R. Shows that the order for registration of case was issued by the learned Additional Sessions Judge but when the accused party approached about the clarification of the order, the same was found non-existent which would show the mala fide of the complainant in connivance with the local police.

4. The extraordinary relief of pre-arrest bail is meant for the innocent persons, to save them from humiliation and disgrace, from the hands of the police who entangled the accused for false criminal prosecution. To interfere in bail granting order is pari materia to interfere in an acquittal order and that is only possible if the impugned order is in disregard of material available on record or is capricious and arbitrary. I do not find any illegality in the impugned order. Same is neither arbitrary nor capricious or fanciful rather the same is based on cogent reasoning. Hence this petition is dismissed in limine.

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