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Search Results: Categories: 141 PPC (1 found)

Ashfaque Hussain & others VS The State

Citation: 2025 SCP 474

Case No: Crl.P.L.A.187-K/2025

Judgment Date: 17/01/2026

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Muhammad Ali Mazhar

Summary: Bail denied --- (a) Code of Criminal Procedure, 1898— ----Ss. 497 & 498—Pakistan Penal Code, Ss. 141, 149, 354-A, 452, 147, 148, 149—Pre-arrest bail—Scope—Extraordinary relief—Conditions— Petitioners sought pre-arrest bail in case involving house trespass, assault, and outraging modesty of complainant’s daughter—Pre-arrest bail declined by Trial Court and High Court—Validity—Supreme Court held that pre-arrest bail is an extraordinary discretionary relief to be granted only in extraordinary circumstances to protect innocent persons from mala fide arrest and abuse of process—Petitioner must establish reasonable grounds showing prima facie innocence, existence of further inquiry, and mala fide intention behind arrest—Such relief cannot be used as substitute for post-arrest bail nor granted as matter of course—Petitioners failed to satisfy mandatory conditions—Pre-arrest bail rightly refused. Cited Case: Rana Muhammad Arshad v. Muhammad Rafique (PLD 2009 SC 427) (b) Code of Criminal Procedure, 1898— ----S. 497—Pakistan Penal Code, S. 354-A—Prohibitory clause—Heinous offence—Effect on bail— Offence under Section 354-A PPC (assault or use of criminal force to woman with intent to outrage modesty) falls within prohibitory clause of Section 497 Cr.P.C.—Such offences are treated as heinous and serious in nature—Where accused are specifically nominated in FIR with active roles and supported by statements under Section 161 Cr.P.C., bail cannot be granted in absence of exceptional circumstances—Petitioners’ involvement prima facie established—Case did not fall within ambit of further inquiry. (c) Pakistan Penal Code, 1860— ----Ss. 141 & 149—Unlawful assembly—Common object—Vicarious liability— Where accused persons form unlawful assembly and commit offence in prosecution of common object, each member becomes vicariously liable for acts done by others—Common object can be inferred from conduct of accused, weapons carried, and circumstances of occurrence—Specific overt act by each accused is not essential where offence is committed in prosecution of common object—Presence and participation of petitioners in unlawful assembly sufficiently alleged—Liability under Section 149 PPC attracted. (d) Criminal jurisprudence— ----Further inquiry—Scope— Further inquiry arises where tentative assessment creates reasonable doubt regarding involvement of accused—Expression “reasonable grounds” refers to legally admissible and credible grounds appealing to judicial mind—Where FIR is prompt, accused specifically nominated, roles assigned, and allegations supported by statements under Section 161 Cr.P.C., case does not fall within further inquiry. Disposition: Criminal Petition dismissed; leave to appeal refused; pre-arrest bail declined; observations held tentative and not to prejudice trial.

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