| Case ID |
43141d08-2850-4ace-aa85-e3105687334a |
| Body |
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| Case Number |
Crl. Misc. No. 6438-B of 2017 |
| Decision Date |
Nov 13, 2017 |
| Hearing Date |
|
| Decision |
The petition for pre-arrest bail filed under Section 498 of the Criminal Procedure Code was accepted and the bail previously granted was confirmed. The court found that there was an inordinate delay in the lodging of the FIR, which was fatal to the prosecution's case. The evidence presented indicated a lack of incriminating material against the petitioner, leading to the conclusion that there was a likelihood of false implication. The decision emphasized the importance of protecting innocent individuals from unwarranted legal actions and reinforced the principle that pre-arrest bail is an extraordinary remedy granted in exceptional circumstances. |
| Summary |
In the case of Hafiz Ghulam Haider vs. State, the Lahore High Court dealt with a petition for pre-arrest bail under Section 498 of the Criminal Procedure Code. The petitioner was accused of assaulting the complainant with the intention to outrage her modesty and extorting money. However, the court noted significant delays in filing the FIR, which raised doubts about the credibility of the allegations. The absence of sufficient evidence and the possibility of false implication were critical factors that influenced the court's ruling. The decision underscored the legal principles surrounding bail and the necessity to safeguard innocent individuals from misuse of the law. Keywords such as 'pre-arrest bail', 'criminal procedure', 'Pakistan Penal Code', and 'legal protection' are essential for understanding the implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Sarfraz Dogar
|
| Lawyers |
Mr. Muhammad Basir Khan Sikhani,
Mr. Israr Hayat Sulehria,
Mirza Abid Majeed
|
| Petitioners |
Hafiz Ghulam Haider
|
| Respondents |
Another,
State
|
| Citations |
2018 SLD 2796,
2018 PLJ 710
|
| Other Citations |
Muhammad Aslam v. The State 2000 YLR 1314,
Nazar Muhammad and 2 others v. The State 2012 PCr.LJ. 430,
Rana Muhammad Arshad v. Muhammad Rafique and another PLD 2009 SC 427
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
498,
354,
379
|