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PLJ 2015 Cr.C. (Lahore) 162

MUHAMMAD ASLAM and 2 otherss vs STATE and another

CitationPLJ 2015 Cr.C. (Lahore) 162
CourtLahore High Court
Case No.Crl. Misc. No, 5953-B of 2014
Date2014-12-15
Judge(s)Abdus Sattar Asghar
ResultBail confirmed.

ORDER

' Muhammad Aslam, Muhammad Akram and Sajid Mehmood petitioners seek pre-arrest bail in case FIR No, 233/2014 dated 12.8.2014 under Sections 337-A(i), 337-A(iii), 148, 149, PPC registered at Police Station Sheikh Fazal District Vehari.

2. As per FIR lodged by Ghulam Mujtaba complainant it is alleged that on 4.8.2014 he came to take his wife along from the house of her father when the petitioners/brothers of his wife Mst. Robina Bibi gave him Sota blows.

3. Arguments heard. Record perused.

4. No specific injury is attributed to the petitioners. There is a delay of 8 days in lodging of the FIR as the occurrence allegedly took place on 4.8.2014 whereas the FIR was lodged on 12.8.2014. The MLC of the complainant was conducted on 6.8.2014. According to the MLC the injures sustained by the complainant are simple in nature. Chances of petitioners' false implication on the basis of family dispute cannot be ruled out. Alleged complicity of the petitioners is therefore necessarily a matter of further probe. Offence under Section 337-A(i), PPC is bailable whereas offence under Section 337-A(iii), PPC does not fall within the prohibitory clause of Section 497, Cr.P.C. Object of pre-arrest bail is to protect the innocent persons from humiliation, harassment and disrespect on the basis of false implication.

5. For the above reasons this petition is allowed and ad-interim pre-arrest bail already granted to the petitioners is confirmed subject to furnishing fresh bail bonds in the sum of Rs, 1,00,000/- each with one surety each in the like amount to the satisfaction of the trial Court.

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