| Case ID |
15360588-cb24-4d75-9cde-271f562e05c7 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 115 of 2020 |
| Decision Date |
Jul 15, 2020 |
| Hearing Date |
Jul 10, 2020 |
| Decision |
The petitioners, Muhammad Ibrahim and Asif Hussain, filed a petition for pre-arrest bail under section 498 of the Criminal Procedure Code. The court considered the arguments that the petitioners were falsely implicated due to mala fide intentions of the complainant. However, the court found that the petitioners were directly named in the FIR, which was promptly lodged, and that the nature of their involvement was significant. The court noted that the pre-arrest bail is granted in specific circumstances where the registration of the case appears to be based on enmity or mala fide intentions. In this case, the court concluded that the petitioners did not qualify for extraordinary discretionary relief and dismissed their petition for pre-arrest bail. |
| Summary |
This case revolves around the petitioners seeking pre-arrest bail for serious charges including dacoity, rioting, and wrongful restraint under the Penal Code. The incident occurred on June 11, 2020, when the petitioners allegedly attacked the complainant's party and caused significant harm. The court emphasized the importance of a prompt FIR and the accused's direct involvement in the alleged crimes. The ruling highlights the stringent criteria for granting pre-arrest bail, particularly when the charges involve serious offenses under the law. The court's decision underscores the necessity for a clear demonstration of mala fide intentions in order to qualify for bail, which was not established in this case. |
| Court |
Gilgit Baltistan Chief Court
|
| Entities Involved |
|
| Judges |
ALI BAIG, J
|
| Lawyers |
Shahbaz Ali for Petitioners/accused,
Dy. Advocate General for the State,
Basharat Ali for the Complainant
|
| Petitioners |
MUHAMMAD IBRAHIM,
ASIF HUSSAIN
|
| Respondents |
The STATE
|
| Citations |
2022 SLD 2085,
2022 YLR 600
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
498,
148,
149,
109,
337-A(iii),
341,
395,
427
|