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215/2024 Cr.Bail Inayatullah & others (Applicant) V/S The State (Respondent)

Sindh High CourtCriminal Law2024

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

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215/2024 Cr.Bail Inayatullah & others (Applicant) V/S The State (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 25-SEP-24

Bail before arrest is an extraordinary relief granted only in exceptional cases to protect innocent people from abuse of the law. It is not a substitute for post-arrest bail. The accused must show that their arrest is being sought for ulterior motives by the police to cause them irreparable harm. They must also establish that they have not done anything that would disqualify them from receiving this discretionary relief. The aforesaid ingredients of principles are missing in the present case as the facts obtained in the present case, are tentatively assessed which prima facie show that the alleged offense occurred on June 25, 2024, and was reported the same day. Police recorded witness statements, visited the scene, prepared injury reports, and collected medical evidence as well as empty shells of the crime weapon from the place of the incident. Charges of assault, criminal intimidation, and wrongful restraint were filed against them. A medical examination confirmed injuries consistent with charges of Section 337-F (III) of the Pakistan Penal Code as Ghyr-i-Jaifah Mutalahimah.

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