MUHAMMAD ANWAR BAJWA and 2 others vs THE STATE
The petitioners sought pre-arrest bail in a case registered under Sections 457 and 380 of the Pakistan Penal Code 1860 at Police Station Shad Bagh, Lahore, vide F.I.R. No. 565 of 2000. The complainant alleged that upon returning home after attending a marriage ceremony, he found household articles missing, locks broken, and suspected the petitioners, one of whom is his real brother. The core legal question was whether the petitioners were entitled to pre-arrest bail given the circumstances of the case and the background dispute. The Lahore High Court held that due to a serious prior dispute between the parties relating to ancestral property and a civil court decree obtained by one of the petitioners against the complainant, the false implication of the petitioners could not be ruled out. Consequently, the court confirmed the interim bail and admitted the petitioners to pre-arrest bail, laying down the principle that pre-arrest bail may be granted when mala fide or false implication arises from existing civil disputes and family animosity.
- Whether pre-arrest bail can be granted when there is a prior civil dispute and family animosity between the parties?
- Does the possibility of false implication arising from ancestral property litigation warrant the confirmation of pre-arrest bail?
- Section 457, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
ORDER
' Muhammad Anwar Bajwa, Navid Anwar and Muhammad Bashir, petitioners, have applied for bail before arrest in a case under sections. 457 and 380, P.P.C., registered at Police Station Shad Bagh, Lahore, vide F.I.R. No,565 of 2000, dated 6-12-2000.
2. According to the F.I.R., Muhammad Younas (complainant) had gone to attend the marriage ceremony of the daughter of his maternal uncle along with his family members. When he returned to his house on 24-11-2000, he found his household articles scattered and the locks broken. Certain house hold articles, the description of which is given in the F.1.R., were found missing. Muhammad Younas, while reporting the incident to the police on 6-12-2000, suspected the present petitioners for the offence.
3. Muhammad Anwar, petitioner, happens to be the real brother of Muhammad Younas (complainant). He had earlier lodged a criminal case against the complainant besides obtaining an ex parte decree from the civil Court on 17-9-1999. According to the conclusion drawn by the Investigating Officer, there is a serious dispute between the parties relating to ancestral property.
4. In this view of the matter, the false implication of the petitioners cannot be ruled out, therefore, they are admitted to I bail before arrest. The interim bail granted earlier is hereby confirmed.
Interim revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 2 cases
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