Muhammad Anwar vs State Ss — 2025 YLR 1394 LAHORE-HIGH-COURT-LAHORE

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Muhammad Anwar VS State Ss. 497 & 498---Bail order---Observation of the Court---Scope---Observations made in a bail order are just tentative in nature, strictly confined to the disposal of bail petition and have no bearing upon trial of the case. Citation Name: 2025 YLR 1394 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Anwar VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860), Ss. 452, 354, 337-A(i), 337-L(2), 148 & 149---House-trespass after preparation for hurt, assault or wrongful restraint, assault or criminal force to woman with intent to outrage her modesty, shajjah-i-khafifah, causing hurt, rioting armed with deadly weapons, unlawful assembly---Pre-arrest bail, confirmation of---Further inquiry---Allegations against the accused-petitioners were that they forcibly entered into the house of complainant lady, attacked and belabored the complainant, her mother and others; also tore clothes of complainant lady and her sister due to which they both became semi-naked and snatched mobile phones and gold ornaments---Record showed that petitioners Nos. 1 and 4 in the instant petition were not nominated in the Crime Report (FIR), however, they were nominated as accused in the case through supplementary statement recorded by complainant on 30.08.2024---Any source on the basis of which they were nominated as accused in the case was not mentioned in said supplementary statement and said source had not been disclosed by the complainant lady till now---In such state of affairs, evidentiary value of said supplementary statement to the extent of nomination of petitioners Nos.1 & 4 required evidential verification---During investigation it had been concluded by the investigating agency that both said petitioners did not take part in the occurrence rather they came there after the occurrence---Reasonable grounds were not available on the record to connect petitioners Nos.1 & 4 with the commission of alleged offences rather case of prosecution against them, at present, required further probe/inquiry within the purview of subsection (2) of S.497 Cr.P.C.---Bail petition to the extent of petitioners Nos.1 & 4 for grant of pre-arrest bail in the case, was allowed and ad-interim pre-arrest bail already granted to them was confirmed, in circumstances. Citation Name: 2025 YLR 1394 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Anwar VS State S. 498---Penal Code (XLV of 1860), Ss. 452, 354, 337-A(i), 337-L(2), 148 & 149---House-trespass after preparation for hurt, assault or wrongful restraint, assault or criminal force to woman with intent to outrage her modesty, shajjah-i-khafifah, causing hurt, rioting armed with deadly weapons, unlawful assembly---Pre-arrest bail, dismissed of---Allegations against the accused-petitioners were that they forcibly entered into the house of complainant lady, attacked and belabored the complainant, her mother and others, also tore clothes of complainant lady and her sister due to which they both became semi-naked, and snatched mobile phones and gold ornaments---Sufficient material was available on record to connect petitioners Nos.2 & 3 with the commission of alleged offences---Any mala fide, malice or ulterior motive could not be referred against the complainant lady, injured persons as well as Investigating Officer of the case to the extent of said petitioners and in absence of the same, pre-arrest bail could not be allowed---Similarly, on the basis of pleas structured upon bald denial and parallel stories pre-arrest bail could not be allowed---Bail petition to the extent of petitioners Nos. 2 & 3 was without any merit/substance, thus same was dismissed, in circumstances.

Muhammad Anwar vs State Ss — 2025 YLR 1394 LAHORE-HIGH-COURT-LAHORE

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