Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.324/148/149---Attempt to commit qatl-e-amd, rioting armed with deadly weapons, unlawful assembly---Interim pre-arrest bail, confirmation of---Allegation against accused persons was that they made indiscriminate firing in a bazaar which caused a firearm injury on the arm of the complainant's nephew and complainant also suffered an injury on his eye by butt blows of a rifle---Contentions of accused persons were that no medical examination of the complainant was conducted; that complainant had subsequently changed his version by alleging that injury on his eye was caused by pellets; that statement of complainant's nephew was recorded after five days of the occurrence and he only levelled allegations against another accused, and not against present accused persons; that complainant in his supplementary statements alleged that injury was caused to him by another accused person and never levelled any allegations against present accused persons; that complainant himself was involved in different criminal cases, and that some of the co-accused of the incident had already been granted post-arrest bail--Validity---Initially complainant had only mentioned some other accused persons and only named present accused persons in his supplementary statements---Complainant's nephew specifically levelled allegation against another accused for firing directly on him and he did not name any of the present accused persons to involve them with the commission of the offence---Accused persons were alleged to have made indiscriminate firing during the occurrence but investigating officer never collected any empties---Accused persons had joined the investigation and their participation in the occurrence required further probe within the ambit of S.497(2), Cr.P.C---Lack of evidence and doubtful circumstances created ground for grant of anticipatory bail, therefore, bail petition of accused persons was allowed and interim pre-arrest bail already granted to them was confirmed, in circumstances. Muhammad Ramzan v. Zafar Ullah and another 1986 SCMR 1380; Fida Hussain v. The State and others PLD 2002 SC 46; Tahir…

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