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MUHAMMAD YUSUF versus STATE


Criminal Procedure (CCPC) Section 497/498 Criminal Procedure by the accused, Section HO, Sub Divisional Police Officer, as well as the Superintendent Police, Superintendent Police, before the arrest. Through a case diary, the Crime Branch is verifying the suspect's statement that police have not arrested the suspect for nearly four months as the accused has been guaranteed murder in the case.
1980 P Cr. L J 117

[Lahore]

Before Aftab Farrukh, J

MUHAMMAD YUSUF‑Petitioner

versus

THE STATE‑Respondent

Criminal Miscellaneous No. 4126/B of 1979, decided on 3rd December, :979.

Criminal Procedure Code (V of 1898)‑---

--‑‑S. 497/498‑Bail before arrest‑Plea of innocence raised by accused, during investigation, accepted by S.H.O., Sub‑Divisional Police Officer as well as Superintendent of Police, Crimes Branch- Case diary submitted by Superintendent of Police, Crimes Branch confirming assertion of accused‑Police having not arrested accused for about four months since murder‑bail allowed to accused in circumstances of case.

Ch. Muhammad Abdul Saleem for Petitioner.

Muhammad Rafiq for the State.

ORDER

The petitioner was named as one of the assailants in F. 1. R. No. 185 registered with Police Station Khanqab Dogran in respect of the murder of Mst. Hajran Bibi.

2. He has approached this Court for the grant of bail before arrest.

3. It has been asserted that a large number of persons including the Imam Masjid and respectables of the village appeared during the course of investigation to support the plea of innocence raised by the petitioner and the same was accepted by the Station House Officer, Sub‑Divisional Police Officer as well as the Superintendent of Police. Crimes Branch. ' The case diary submitted by the S. P. Crimes has been read in Court which. confirms the assertion of the petitioner. The occurrence having taken place in the month of August, 1979, the petitioner has not been arrested by the Police so far, which fact indicates that the police has sent him to this Court only for getting the stamp on this finding of his innocence as re‑affirmed.

4. In the circumstances, stated above, there is no option but to allow bail before arrest to the petitioner subject to his furnishing security in the sum of Re. 1 with one surety in the like amount to the satisfaction of the Investigating Officer.

Bail allowed.

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