Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 147,148,337A(i)(ii)(iii),337-F(iii),337- L(2),427,504

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.337-A(i),(ii),(iii), 337-F(iii), 337-L(2), 147, 148, 504 & 427---Shajjah-i-Khafifah, Shajjah-i-Mudihah, Shajjah-i-Hashimah, Mutalehimah to any person, hurt, intentional insult, mischief---Interim pre-arrest bail, confirmation of---State Counsel opposed the grant of bail to accused alleging that as accused attacked the complainant party and number of persons were injured in the incident, accused was not entitled to pre-arrest bail---Plea of counsel for accused was that just after half an hour, another F.I.R. was registered in the same Police Station wherein it was alleged that a number of persons were injured---At the bail stage deeper appreciation of material, could not be gone into, but only prima facie, it was to be seen whether accused were connected with the commission of offence or not---Case was fit in which interim pre-arrest bail, earlier granted be confirmed on the same terms and conditions---Bail, was confirmed accordingly. Jam Sadiq Ali v. The State 1989 PCr.LJ 1910; Shoaib Mehmood Butt v. Iftikhar-ul-Haq and 3 others 1996 SCMR 1845; Muhammad Ismail and others v. The State 2008 YLR 47 and Bashir Ahmed and others v. The State 2008 YLR 293 ref. THIS ORDER PASSED BY: MUHAMMAD TASNIM, J.--- The applicants are booked in Crime No. 65 of 2010 registered with Police Station, Kumb for offences under sections 337A(i), (ii), (iii), 337-F(iii), 337-L(2), 147, 148, 504, 427, P.P.C. The prosecution story as set out in the F.I.R. is as under:-- Complainant Amir Ali lodged his F.I.R. on 26-5-2010 at 6-30 p.m., alleging therein that one Sikandar Ali Shambani had taken 15 Jireb land on lease with promise that he will give half of it to the complainant party, but thereafter he made Wali Muhammad as his partner in the lease, hence they were annoyed with each other. The land of the complainant party is situated in front of house of Wali Muhammad and others and they had damaged the crop of complainant party. On the day of incident complainant along with his bothers Fida Hussain, Zulfiqar, Ghulam Shabir and Muhammad Khan went to work on their land, when at about 5-30 hours, present…

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