MUHAMMAD.ZAMEER vs State S — 2022 MLD 1059 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1059 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD.ZAMEER vs State S
Subject matter: Criminal
Provisions referred to: S. 498---P; S. 452; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD.ZAMEER VS State S.498---Penal Code (XLV of 1860), Ss. 337-A(i), 354, 452 & 34---Shajjah-i-khafifah, assault or criminal force to woman with intent to outrage her modesty, house-trespass after preparation for hurt, assault or wrongful restraint and common intention---Pre-arrest bail, grant of---Delayed FIR---Scope---Accused persons along with their co-accused invaded the house of complainant, insulted the modesty of women folk and furthermore caused wounds on their bodies---First Information Report was lodged with delay of 19 days and no explanation for such inordinate delay was brought on record---Accused persons were not shown to be armed with any kind of weapon at the time of alleged occurrence---More so, for the attraction of S. 452, P.P.C., preparation for causing hurt was sine qua non, which was very much lacking in the case---Complainant was sister-in-law of accused persons and was living with their real brother---Accused persons had easy access to enter in the house of their real brother due to the close relationship---Express penal provisions of S.452, P.P.C., were not attracted against the accused persons as they had access to the houses of each other without interference---Civil litigation was also pending for adjudication between the parties, therefore, possibility of mala fide and ulterior motive on the part of complainant could not be ruled out---Accused persons had joined investigation and nothing was to be recovered from them, thus, no useful purpose would be served by sending them behind the bars---Petition for grant of pre-arrest bail was allowed, in circumstances.

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