Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 302/148/149

(a) Criminal trial--- ---- If a person after acquiring full knowledge of an incident kept mum, he was to be considered as a privy to the-prime ---Said conduct of witness was by itself criminal. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.302/148/149---Presarrest bail, grant of--Accused had been regularly joining investigation, but police failed to recover any incriminating weapon from them---None from the locality of occurrence ever put up appearance before Investigating Agency to depose against accused---Such circumstances had cast doubt upon genuineness of the theory propounded by police---Mere fact that an eye-witness whose name was mentioned in FA.R. had gone hostile, would in no way indicate criminality of accused---Case of further probe into allegations against accused having been made out, pre-arrest bail was granted to him. THIS ORDER PASSED BY: M. NAEEMULLAH KHAN SHERWANI, JUSTICE:---.--- Atta Ullah and Islam-petitioners seek their pre-arrest bail in Crime Report No. 133, dated 11-4-2003, under sections 148, 302, 149, P.P.C. registered with Police Station, City Pattoki, District Kasur at the behest of Atta Ullah petitioner No. 1 himself. Earlier their application for the said relief was dismissed by a learned Additional Sessions Judge At Patloki through his order, dated 5-9-2003 on the basis of multiple reasons contained therein. 2. Learned counsel for the petitioner contends that during odd hours of night, Mst. Rehana Kausar, daughter of Atta Ullah petitioner was allegedly murdered by Muhammad Yousuf, Shahab Din, Ibrahim and three unknown persons. Regarding said murder incident Crime Report No. 133, dated 11-4-2003, under sections 148, 302, 149, P.P.C. was lodged on the same night at 2-00 a.m. Muhammad Ismail S.I. of Police Station, City Pattoki, District Kasur took over the uphill task of investigation. Muhammad Yousuf, Shahab Din and Ibrahim were taken into custody by him and after few days, were sent home. Atta Ullah petitioner instituted a writ petition seeking direction against the police to arrest Muhammad Yousuf and others as killers of Mst. Rehana Kausar. Accordingly, a direction was issued to the…

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