Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 337-A(i)/337-L(ii)/34

Criminal procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.337-A(i)/337-A(ii)/337-L(ii)/34---Pre-arrest bail, grant of---Injuries on the person of the complainant were punishable under Ss.337-A(i), 337-L(ii) & 337-F(iii), P.P.C. out of which the former mentioned two provisions of law were non-cognizable and bailable---Allegation of the complainant that accused had given him dagger blows stood belied by medical evidence---Observation of Sessions Court that the accused had failed to establish mala fide on the part of police or the complainant was offensive to the record---Question touching human liberty should not have been dealt with mechanically and in a casual way---Allegation against the accused appeared to be tainted with mala fide on the part of the Investigator and the complainant---Interim pre-arrest bail of the accused was confirmed in circumstances. ORDER KAZIM ALI MALIK, J.---Apprehending arrest in a case F.I.R. No.451, dated 9-10-2008 under sections 337-A(i), 337-A(ii), 337-L(ii)/34, P.P.C. registered with Police Station Shergarh, District Okara, Muhammad Iqbal, petitioner, made an application for anticipatory bail before the Court of Session, Okara, which was made over to a learned Additional Sessions Judge, Okara, who dismissed the same vide order, dated 6-1-2009. Hence this bail petition for the same relief. 2. The prosecution case set up in the F.I.R. in brief is that on 8-10-2008 at 11-00 a.m. Muhammad Iqbal (petitioner), Muhammad Irfan, Mahboob and their father Rehmat Ali (co-accused) respectively armed with dagger, iron rod, stick and axe entered the shop of Muhammad Yousaf, complainant. Rehmat, co-accused, and Muhammad Iqbal, petitioner, allegedly opened attack and struck Muhammad Yousaf, complainant with dagger and axe on different parts of his body. Motive for the occurrence statedly was business rivalry. 3. The following reasons weighed with learned Additional Sessions Judge while declining pre-arrest bail to the petitioner:-- (i) The medico-legal report shows that the complainant received 13 injuries. (ii) Prima facie there is no material on record to establish mala fide of the police or ulterior motive of the…

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