2025 PLP 2700 (YLR)
Abu-ul-Hassan — Petitioner Versus The State and others — Respondents
| Citation | 2025 PLP 2700 (YLR) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Abu-ul-Hassan — Petitioner Versus The State and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2025 PLP 2700 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2025 PLP 2700 (YLR)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2025 PLP 2700 (YLR) (Abu-ul-Hassan — Petitioner Versus The State and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), S. 365-B
Kidnapping, abducting, or inducing a woman to compel her into marriage or for illicit intercourse
Pre-arrest bail, recalling of
Allegation against the petitioner was that he abducted sister of the complainant for the purpose of commission of zina with her
Petitioner was nominated in the FIR with specific allegation that he abducted sister of the complainant for the purpose of commission of zina with her and said girl was missing till date
Police Officer stated that as per Call Data Record abductee was found in touch with the present petitioner, therefore, his person was required for the purpose of investigation to get a clue about her whereabouts
At present sufficient material was available on the record to connect the petitioner with the commission of alleged offence because he was last found in touch with the missing girl through mobile phone
Apparently, his false implication was not spurred out from the record
Concession of pre-arrest bail was an extraordinary relief, which was meant only for innocent persons where the intended arrest of an accused was found to be actuated with mala fide on part of the complainant or the police
No malice or ulterior motive on part of the complainant to falsely implicate the petitioner had been seen in this case
Therefore, petitioner was not entitled to the extraordinary relief of pre-arrest bail as claimed for
Petition was dismissed and ad-interim pre-arrest bail already granted to the petitioner was recalled, in circumstances.
Judgment & Decree
Muhammad Amjad Rafiq, J.
Petitioner seeks pre-arrest bail in case FIR bearing No.774 dated 17.04.2025 registered under section 365-B P.P.C. at Police Station Model Town, District Gujranwala.
2. Heard. Record perused.
3. Petitioner is nominated in the FIR with specific allegation that he abducted sister of the complainant for the purpose of commission of Zina with her and said girl is missing till date. Police officer states that as per CDR abductee was found in touch with the present petitioner, therefore, his person is required for the purpose of investigation to get a clue towards her whereabouts. At present sufficient material is available on the record to connect the petitioner with the commission of alleged offence because he was lastly found in touch with the missing girl through mobile. Apparently, his false implication is not spurred out from the record. The concession of pre-arrest bail is an extraordinary relief, which is meant only for innocent persons where the intended arrest of an accused is found to be actuated with mala fide on part of the complainant or the police. I have not seen any malice or ulterior motive on part of the complainant to falsely implicate the petitioners in this case; therefore, they are not entitled to the extraordinary relief of pre-arrest bail as claimed for. Reliance is placed on cases reported as "Gulshan Ali Solangi and others v. The State through P.G. Sindh" (2020 SCMR 249). In this respect, reliance is further placed in case reported as "Ahtisham Ali v. The State" (2023 SCMR 975), it has been held that:- "It is well settled exposition of law that the 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. By all means, 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- -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."
4. In view of the above, the instant petition stands dismissed and ad-interim re-arrest bail already granted to the petitioner is hereby recalled. JK/A-72/L Bail recalled.