Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 302/201/34

Criminal Procedure Code (V of 1898) S. 498 Penal Code (XLV of 1860), Ss.302/201/34 Interim pre¬-arrest bail, confirmation of F.I.R. was belated by 4/5 months and no satisfactory explanation for such delay was forthcoming No eye witness of occurrence was produced who could have actually seen the incident ¬Dead body of deceased had not been. recovered and in that eventuality offence against accused at the most would fall under S.201, P P.C. which was punishable up to seven years and same would go out of prohibition contained in S.497(1), Cr.P.C. Interim pre arrest bail granted earlier to accused, was confirmed in circumstances. Rafique Ahmed and others v. The State 1984 MLD 1411 and Haji Taj Muhammad v. The State 1992 PCr.LJ 2125 ref. Muhammad Ayaz Soomro for Applicants. Sher Muhammad Shar, Asstt. A. G. for the State. ORDER By an order, dated 28 12 2001, the applicants were granted interim pre arrest bail in application of their arrest which is fixed for confirmation or otherwise. The prosecution story as unfolded in the F.I.R. is that on 7 10 2001 at 5 00 p.m., complainant Shah Murad appeared at Dodapur Police Station, District Jacobabad and lodged F.I.R. alleging inter alia that 4/5 months prior to this incident at noon time the complainant and his brother Kandoo aged about 33/34 years and other brothers Kewal and Zulfiqar came to Dodapur Town for fetching work and after doing so when they were returning back to their house on donkey cart and at about 6 00 p.m. when they reached Bakejo Wah, six persons were standing there. They were (1) Nizamuddin, (2) Mahhakumuddin, (3) Shamsuddin alias Shamoo all the three sons of Gulzar, (4) Bachal son of Muhammad Umar, (5) Jumo son of Arz Muhammad alias Arzi and (6) Bangal son of Saifal Bathoar were standing there. Nizamuddin told Kandoo the brother of complainant that he should come down from the donkey cart and was asked to go to their house. He stayed for a night there. The complainant party waited for sufficient time but he could not return in the morning the complainant alongwith his brothers went to Nazamuddin and required about his brother Kandoo who disclosed that they have already left him last night. The…

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