Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 380 & 459---Theft in dwelling house, hurt caused whilst committing lurking house-trespass or house-breaking---Interim pre-arrest bail, recalling of---Contention of accused that he had recently come from abroad and in order to blackmail him and usurp amount from him he was involved by the complainant, and that according to F.I.R. injured received injuries outside the house, therefore, it was impossible that the complainant could have identified the co-accused---Validity---Name of accused and co-accused had been mentioned in the F.I.R.---Complainant and prosecution witnesses had identified the accused and co-accused in electricity light---During course of investigation ten empty shells had been recovered from the place of occurrence---Accused and co-accused after getting the concession of interim pre-arrest bail, misused the same and extended threats of killing to the complainant and in this regard an F.I.R. had also been lodged---Medical certificate of injured revealed that he received firearm injury which had been declared as jurh ghayr-jaifah hashimah---Accused and co-accused had committed an offence, which did fall within the prohibitory clause of S.497, Cr.P.C.---Bail application of accused and co-accused was dismissed and earlier order granting them interim pre-arrest bail was recalled. 2007 PCr.LJ 513 and 1994 PCr.LJ 1769 distinguished. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 380 & 459---Theft in dwelling house, hurt caused whilst committing lurking house-trespass or house-breaking---Bail, refusal of---Contention of accused and co-accused that no active role had been assigned to them and as per contents of F.I.R., active role was assigned to the other co-accused; that accused was a minor, and that injured had received injuries outside the house, therefore, S.459, P.P.C. was not applicable---Validity---Name of accused and co-accused had been mentioned in the F.I.R.---Complainant and prosecution witnesses had identified the accused and co-accused in the electricity light---During course of investigation ten empty shells…

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