Assad Ullah vs Dilawar Khan S — 2025 YLR 2120 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 2120 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Assad Ullah vs Dilawar Khan S
Subject matter: Criminal
Provisions referred to: S. 498---P; 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

Assad Ullah VS Dilawar Khan S. 498---Penal Code (XLV of 1860), Ss. 352 & 337-A(iii)---Assault or criminal force used against another person, not grave provocation, shajjah-i-hashimah---Ad-interim pre-arrest bail, recalling of---Cancellation of bail---Scope---Allegations against the accused-petitioner were that he beat the complainant with fists and kicks, as a result whereof he got hit on his nose---Perusal of the impugned order of the Court below revealed that the grounds made basis for the confirmation of the ad-interim pre-arrest bail already granted to the respondent/accused was nothing more but deeper appreciation of the record which was unwarranted at the bail stage---Court below had held the case of accused as one of further inquiry and even did not touch the basic ingredient of mala fide or ulterior motives for false implication of the accused, which was a sine qua non for confirmation of pre-arrest bail---Pre-arrest bail being an extra-ordinary relief can only be extended in the cases where an accused does not prima-facie appear to have committed a non-bailable offence, particularly when only oral allegations are levelled in the FIR---Thus, the Court below fell into error while passing the impugned order, which called for the interference of the High Court---No mala fide was apparent on the record regarding false implication of the accused in the instant case, as such, the very ingredient for the confirmation of pre-arrest was lacking---Resultantly, pre-arrest bail granted to the accused was recalled.

Other judgments reported in 2025 YLR

2025 YLR 1029 QUETTA-HIGH-COURT-BALOCHISTANAbdul Malik VS State S. 497---Bail order---Observations of Court---Scope---Observations made in a bail order are tentative in nature and sam…
2025 YLR 1778 SUPREME-COURT-AZAD-KASHMIRSarwat Bibi VS Muhammad Idrees Kiani Double presumption of innocence---Scope---after acquittal, an accused carries double presumption of inn…
2025 YLR 451 LAHORE-HIGH-COURT-LAHOREEjaz Ahmed VS State Benefit of doubt---Principle---If a single circumstance creates a reasonable doubt in the mind of a prudent person, then…
2025 YLR 487 KARACHI-HIGH-COURT-SINDHCitation Name: 2025 YLR 487 KARACHI-HIGH-COURT-SINDHBookmark this Case Nadir Hussain VS State Benefit of doubt---Principle---Single doubt in…
2025 YLR 443 KARACHI-HIGH-COURT-SINDHCitation Name: 2025 YLR 443 KARACHI-HIGH-COURT-SINDHBookmark this Case Qutubuddin Jakhrani VS State Minor contradictions---Scope---Where in…
2025 YLR 2329 KARACHI-HIGH-COURT-SINDHMrs. Rehana Khatoon VS M/s Delsol the School S.15---Eviction petition---Maintain-ability---Landlord being represented through attorney---Eff…

Back to the case-law library · Search Pakistani case law in Urdu or English