-The offences punishable under Section 447 read with Sections 511 and 147 of Pakistan Penal Code, 1860, are bailable in nature-

 PLJ 2022 Cr.C. 1151

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

----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 447, 511, 440, 147 & 149--Pre-arrest bail, grant of--Allegation of--Petitioner and co-accused armed with clubs attempted to destroy standing crops and also to take possession of land--Police official in attendance through Prosecutor informs that Section 440 of Pakistan Penal Code, 1860, stands deleted in this case and that petitioners having no previous criminal record have joined investigation--The offences punishable under Section 447 read with Sections 511 and 147 of Pakistan Penal Code, 1860, are bailable in nature--Similar would be situation with regard to Section 149 of Code ibid--Sending petitioners in view of above mentioned circumstances, behind bars is neither likely to serve any useful purpose nor seems justified--Bail confirmed.

                                                                                            [P. 1152] A

Mr. Javed Iqbal Malik, Advocate with Petitioners.

Mr. Irfan Zia, Deputy Prosecutor General for State.

Date of hearing: 11.2.2022.

 PLJ 2022 Cr.C. 1151
[Lahore High Court, Lahore]
Present: Syed Shahbaz Ali Rizvi, J.
MUHAMMAD ASHRAF WARRAICH & 10 others--Petitioners
versus
STATE and another--Respondents
Crl. Misc. No. 76536/B of 2021, decided on 11.2.2022.

Order

Through this petition, Muhammad Ashraf Warraich, Shahid Mehmood, Sajid Mehmood, Basharat Ali, Asmat Khaleeq, Mustansar alias M. Javed, Amtal Hafeez, Umar, Zahid Mehmood, Kashif Mehmood and Muhammad Anwar petitioners seek pre-arrest bail in case FIR No. 596 dated 29.09.2021 registered for offences under

Sections 447, 511, 440, 147 & 149 of Pakistan Penal Code 1860, at Police Station Alipur Chatha, District Gujranwala.

2. Allegation against the petitioners is that on 23.09.2021 at 04:00 p.m. they along with their co-accused while armed with clubs attempted to destroy the standing rice crops and also to take possession of the land of the complainant.

3. Arguments heard. Record perused.

4. At the very outset, police official in attendance through the learned Prosecutor informs that Section 440 of Pakistan Penal Code, 1860, stands deleted in this case and that the petitioners having no previous criminal record have joined the investigation. The offences punishable under Section 447 read with Sections 511 and 147 of Pakistan Penal Code, 1860, are bailable in nature. Similar would be the situation with regard to Section 149 of the Code ibid. Sending the petitioners in view of above mentioned circumstances, behind the bars is neither likely to serve any useful purpose nor seems justified. Hence, this petition is allowed and ad-interim pre-arrest bail already granted to the petitioners is confirmed subject to their furnishing fresh bail bonds in the sum of Rs. 100, 000/- each with one surety each in the like amount to the satisfaction of learned trial Court.

(A.A.K.)          Bail confirmed