MUHAMMAD ASLAM vs State S — 2023 YLR 2068 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ASLAM VS State S.498---Penal Code (XLV of 1860), Ss. 376, 511, 147, 148, 149, 457, 337-A(i) & 337-F(i)---Attempt to commit rape, house trespass at night, hurt, rioting, unlawful assembly--- Pre-arrest bail, refusal of--- Heinous offence---Reasonable grounds connecting accused person(s) with alleged offences---Assault/criminal force was allegedly used by the petitioners (three in number) against a widow/complainant in presence of her two minor daughters in her house at night time with intent to outrage her modesty---Contents of the FIR, Medical Legal Certificate and statements under S. 161 of the Criminal Procedure Code, 1898, of two minor daughters of the complainant (victim/widow) as well as two witnesses who came running to the house of the complainant at the time of incidence, showed that the petitioners were involved in a heinous offence---Complainant had received four (04) injuries which were corroborated by the medical evidence---Although the name of one of the petitioners/accused persons was placed in Column 2 of the Challan, however, opinion of the Investigation Officer was not binding upon the Court which had to formulate its own opinion after examining the record---Reasonable grounds existed for believing that the petitioners had committed the alleged offences---Grant of pre-arrest bail was extra-ordinary remedy in criminal jurisdiction, which was diversion of usual course of law in arrest in cognizable offence, protecting the innocent person being hounded up on trumped up charges through abuse of process of law, therefore, petitioners seeking judicial protection were required to reasonably demonstrate that intended arrest was calculated to humiliate them with taint of mala fide---Pre-arrest was not a substitute for post-arrest bail in every run of the mill criminal case as the same seriously hampered the course of investigation---Petitioners had failed to make out their case for the grant of extra-ordinary relief of pre-arrest bail---Pre-arrest bail was refused, in circumstances.

MUHAMMAD ASLAM vs State S — 2023 YLR 2068 KARACHI-HIGH-COURT-SINDH

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