Find a Lawyer

Criminal Miscellaneous No.21/B of 1986, decided on 14th January, 1986.

---S.498--Bail before arrest--Offences, accused charged with, not covered by prohibitory clause of 5.497, Cr.P. C.--Accused appearing to be respectable persons and filed application for pre-arrest bail in order to avoid indignity and disrespect of being harassed and arrested by Police--Interim pre-arrest bail already granted confirmed in circumstances.

Ch. Abdus Sattar Goraya for Petitioners.

Sardar Muhammad Rafiq for the State.

The petitioners have been allowed pre-arrest bail by my learned brother Mr. Justice K.hizar Hayat on 8-1-1986. The allegations against the petitioners are that Maqbool Shahzad Qureshi approached Abdur Raoof the complainant that he should accompany him to the District Courts, Vehari. He came there and was subsequently proceeded towards his house, where he met Ch. Ashiq Chughtai. The complainant was asking the welfare of Ashiq Chughtai when a wagon No.5366 arrived there. Eight persons alighted from that wagon, who had covered their faces. In the meantime, Haji Muhammad Shafi and Nasir Khan petitioners arrived there by a motor-bicycle. They exhorted the others that Abdul Raoof should be lifted. The complaint tried to run away but was overpowered and felled on the ground, He was given fist and leg blows and was forcibly put in the said wagon.. Muhammad Ashiq and Maqbool Shahzad tried to save him but they were also threatened. The complainant was then taken to the bungalow of Munir Ahmad Daha, where he was denuded and petitioner No.4 took his nude photographs and Munir Ahmad Daha obtained his signatures on a plain paper. Mushtaq TWar, Advocate came there and gave two/three kicks on his back and warned him not to file applications against others. The complainant was also got arrested in a false case.

2. The motive for the commission of this crime is stated to be that the complainant was travelling by the wagon owned by Muhammad Shafi petitioner No.1 and three passengers were seated An a seat intended for two passengers. The complainant had bickered with them on that matter and had informed the Commissioner, Multan, the Secretary R.T.A., the Police and the Martial Law Authorities. On that account, he is stated to have been abducted and man-handled by the petitioners.

3. The stand of the petitioners is that the complainant is a journalist and a black-mailer. He had lodged a criminal case against his own mother under sections 447, 431, 468, 420, 506 and 279, P.P.C. vide F.I.R. No.205/81. A case was lodged against him vide F.I.R. No.116/82 under section 307/34, P.P.C. In Police Station Luddan. During the investigation of this case, Mushtaq Ahmad Tarar and Zahid Javed petitioner No.4 were found to be innocent. At present) the case against the petitioners has been registered under section 365, 342 and 323, P.P.C. and these offences are not covered by the prohibitory clause of section 497, Cr.P.C. The petitioners have filed this petition in order to avoid the indignity and disrespect of being harassed and arrested by the police. The petitioners appear to be respectable persons. I, therefore, confirm the interim pre-arrest bail already granted to them by this Court on 8-1-1986.

M. Y. H./M-275/L Bail confirmed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.