Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 109,147,148,149,302,337-H(2),504

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.302/147/148/149 & 504/337-H(2)/ 109---Qatl-e-amd, intentional insult with intent to provoke breach of peace and hurt by rash or negligent act---Pre-arrest bail, confirmation of---Further inquiry---F.I.R. showed that five persons had committed the murder of deceased by causing him firearms injuries, but the accused (petitioner) was neither present at the time of occurrence nor any overt act was attributed to him---Prosecution had stated that co-accused while committing the murder of deceased disclosed that they had been sent by the accused (petitioner)---Mere words of co-accused that they had been sent by the accused were inadmissible piece of evidence and could not berelied upon---Case requiring further inquiry, interim pre-arrest bail earlier granted to accused, was confirmed on same terms and conditions, in circumstances. THIS ORDER PASSED BY: AHMED ALI SHAIKH, J.--- Through this application, applicant Achar Bhangwar seeks pre-arrest bail in Crime No.15 of 2010 of Police Station Sarhari for offences under sections 302, 147, 148, 149, 504, 137-H(2), 109, P.P.C. On 27-4-2010 complainant Abdul Reheem lodged the report in respect of an unhappy episode in which deceased Alam Khan lost his life. It is alleged that on16-4-2010 at about 1530 hours, complainant, his brother Qaim, Muhammad Hashim and Alam Khan were present at their lands when accused Ghulam Nabi, Umer, Sikandar, Mir Hassan and Saifal duly armed with deadly weapons came there. After abusing the complainant party, they declared that they have been sent by Achar Bhangwar. Saying so, accused Ghulam Nabi made straight fire upon Alam Khan which hit him on his chest and fell down. Thereafter, accused went away by abusing the complainant party. Alam Khan succumbed to his injuries in the way to hospital. The motive of the alleged incident as disclosed in the F.I.R. is that…

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