| Case ID |
0ffcd2f4-2210-461c-8963-a67c6cb4e82f |
| Body |
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| Case Number |
Criminal Miscellaneous No. 1213/B of 2005 |
| Decision Date |
May 18, 2005 |
| Hearing Date |
|
| Decision |
The petitioner sought bail before arrest in case F.I.R. No. 78 of 2005, dated 25-3-2005, under sections 337-F(i), 380, 452, 448, 148, 149, P.P.C. registered with Police Station Chichawatni District Khanewal. The court found that the complainant could not sufficiently prove ownership of the property in question, and the delay in filing the F.I.R. was not adequately explained. The evidence presented indicated that the case pertained to a civil dispute regarding property ownership rather than a criminal matter. The court confirmed the bail granted to the petitioner, emphasizing the need for further inquiry into the allegations. |
| Summary |
In this case, the Lahore High Court dealt with a petition for bail before arrest concerning allegations of property trespass and theft. The petitioner, Imdad Ali, was accused by his mother-in-law, the complainant, of forcibly entering her residence and taking valuables. However, the court noted significant discrepancies in the complainant's claims, particularly regarding her ownership of the property and her residence status at the time of the alleged incident. The judge highlighted that the complainant failed to produce any evidence of ownership, while the petitioner provided documentation supporting his claim to the property. The court ultimately determined that the case involved civil issues rather than criminal wrongdoing, leading to the confirmation of bail. This case underscores the importance of substantiating ownership claims in property disputes and the legal distinctions between civil and criminal matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
FAZAL-E-MIRAN CHAUHAN
|
| Lawyers |
Tariq Zulfiqar Ahmad Chaudhary,
Raja Naeem Akbar,
Sh. Javaid Rashid
|
| Petitioners |
IMDAD ALI
|
| Respondents |
THE STATE
|
| Citations |
2006 SLD 3811,
2006 PCRLJ 1087
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
498,
497(2),
337-F(i),
380,
452,
448,
148,
149
|