2023 SCMR 975
Ss . 498 & 497 ( 2 ) --- Pre - arrest bail --- Scope and grounds --- Grant of pre - arrest bail is an extraordinary relief which may be granted in extraordinary situations to protect the liberty of innocent persons in cases lodged with mala fide intention to harass the person with ulterior motives --- While applying for pre - arrest bail , the petitioner has to satisfy the Court with regard to the basic conditions quantified under section 497 of the Code of Criminal Procedure , 1898 ( " Cr.P.C. " ) vis - à - vis the existence of reasonable grounds to confide that he is not guilty of the offence alleged against him and the case is one of further inquiry .
Common intention --- Scope --- In order to constitute an offence under section 34 , P.P.C. , it is not required that a person should necessarily perform any act by his own hand , rather the common intention presupposes prior concert and requires a pre arranged plan --- If several persons have the common intention of doing a particular criminal act and if , in furtherance of their common intention , all of them join together and aid or abet each other in the commission of an act , then the one who has not actually done the act with his hands , but helps by his presence or by other act in the commission of the main act , he would be held to have himself done that act within the meaning of section 34 , P.P.C.
S . 498 --- Penal Code ( XLV of 1860 ) , Ss . 324 , 380 , 427 , 337 - A ( i ) , 337 - F ( i ) & 34 --- Constitution of Pakistan , Art . 185 ( 3 ) --- Attempt to commit qatl - i - amd , theft , illegal possession of property --- Pre - arrest bail , refusal of --- First Information Report was lodged by father ( complainant ) against his son , who forcibly tried to dispossess his father from his house --- Version of the eye - witnesses fully supported the medical evidence and version of the complainant --- Serious allegations were also made against the accused persons of devising and designing a false agreement to sell regarding the subject house with the sole intention of committing fraud and cheating the complainant and also misappropriating household items and the original file of the house --- Offences under section 324 & 380 , P.P.C. were both non - bailable --- No specific details of any mala fide intention or ulterior motives had been alleged by the accused to explain why his father had set the law into motion against his own sons --- Accused had also failed to demonstrate that his father wanted his arrest for some ulterior motives or to cause him any humiliation or to disgrace him in the public at large --- Petition for leave to appeal was dismissed , leave was declined , and accused was refused pre - arrest bail .
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