MUHAMMAD IBRAHIM vs State S — 2022 YLR 600 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 YLR 600 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD IBRAHIM vs State S
Subject matter: Criminal
Provisions referred to: S. 498---P; S. 395; S. 497; S. 169; 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 IBRAHIM VS State S. 498---Penal Code (XLV of 1860), Ss. 148, 149, 109, 337-A(iii), 341, 395 & 427---Rioting, armed with deadly weapon, common object, abetment, shajjah-i-hashimah, wrongful restraint, dacoity, mischief causing damage to the amount of fifty rupees---Pre-arrest bail, refusal of---Prompt FIR---Rule of consistency---Scope---Accused persons, along with others were alleged to have waylaid the complainant party, belaboured one of them by hitting him, destroyed their vehicle and snatched certain sum of amount from the victim---Accused were directly nominated in the promptly lodged FIR and the offence under S.395, P.P.C. fell within the ambit of prohibitory clause of S.497, Cr.P.C.---Case of the accused was not at par with that of their co-accused who were released under S.169, Cr.P.C. by the police as their role was not equal in nature, thus rule of consistency did not apply to the case---Accused persons did not deserve extra ordinary discretionary relief of pre-arrest bail---Petition was dismissed, in circumstances.

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