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2015 LHC 6930

Ali Raza vs The State and another

Citation2015 LHC 6930
CourtLahore High Court
Case No.Criminal Miscellaneous No.13685-B of 2015
Date2015-10-29
Judge(s)Abdul Sami Khan
ResultN/A

Through this petition under section 498 Cr.P.C. The petitioner has sought bail before arrest in case FIR No.366/15, dated 27.08.2015 registered at Police Station Gogera, District Okara for the offences under Sections 337A(i), 337A(iii), 337L(2) PPC.

2. I have heard the learned counsel for the petitioner, learned Deputy Prosecutor General and learned counsel for the complainant and have also gone through the record with their able assistance. This is bail before arrest and only tentative assessment is required at this stage. It has been noticed that although the petitioner is named in FIR, yet the fact remains that there is a delay of three days in reporting the matter to the police, which has not been explained by the complainant, which prima facie shows that the FIR has been lodged after due deliberation and consultation. Admittedly the petitioner is previous non-convict; neither he is hardened, dangerous, desperate criminal nor he has committed the alleged offence on the pretext of honour, therefore, section 337N(2) PPC comes to his rescue. He has already joined the investigation and nothing is to be recovered from him as no weapon has been used by him during the occurrence.

3. For what has been discussed above, keeping in view the provisions of section 337N(2) PPC, this petition is allowed and ad-interim pre-arrest bail already granted to the petitioner vide this Court's order dated 19.10.2015 is hereby confirmed subject to his furnishing bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of learned Trial Court/Area Magistrate.

4. The observations made above are tentative in nature and are strictly confined to the decision of this bail petition only.

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