For the attraction of section 452 PPC, preparation for causing hurt is sine qua non and when facts and circumstances of a case suggest that accused were not armed with any weapon at the time of occurrence, applicability of section 452 PPC becomes highly doubtful. When parties are closely related to each other, express penal provisions of section 452, PPC shall not be attracted because both the parties shall have access to the each others houses without any interference.
The petitioners have not been shown to be armed with any kind of weapon at the time of alleged occurrence. More so, for the attraction of section 452 PPC, preparation for causing hurt is sine qua non, which is very much lacking in this case.
It is crystal clear from the facts and circumstances of the case that petitioners were not armed with any weapon at the time of alleged occurrence, in this way applicability of section 452 PPC is highly doubtful.
It evinces from the record that the complainant is sister-in-law (Bhabi) of accused persons and is living with their real brother. The petitioners have easy access to enter in the house of their brother due to the close kith and kin. It is admitted at all hands that the parties are closely related to each other, therefore, express penal provisions of section 452, PPC are not attracted against the petitioners as they had access to the houses of each other without interference.
Even otherwise, if an accused person has a good case for post arrest bail mere at the wish of complainant, he cannot be sent behind the bars for few days by dismissing his application for pre-arrest bail. It is by now well settled that merits of the case can also be taken into consideration while deciding the bail before arrest.
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2022 MLD 1059
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