Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (LXV of 1860), Ss. 324/148/149--Pre-arrest bail--Confirmed--Further inquiry--Common object launched murderous assault--During investigation, co-accused had been found innocent whereas petitioners were found empty handed and no injuries were attributed to accused--Alleged injury attributed to petitioner was declared as ghair jaifah mutlahima, under Section 337-F(iii), PPC--Injury No. 1 falls in shujja-e-khafifah, Section 337-A(i), PPC and injuries No. 2 to 4 fall in ghair jaifah mutlahima, under Section 337-F(iii), PPC--Injuries attributed to petitioners were declared & ghair jaifah mutlahima, under Section 337-F(iii), PPC--Alleged offences attributed to petitioners do not fall under prohibitory clause of Section 497 of Cr.P.C.--Though police opinion is not binding upon Court but in peculiar circumstances of case, same can be taken into consideration at bail stage--No recovery is to be effected from petitioners--Question of vicarious liability would be seen and determined by trial Court after recording evidence--All these considerations make case of petitioner one of further inquiry and element of wider net or element of malice and ulterior motive on part of complainant cannot be ruled out--Petitioners had succeeded to make out their case for bail before arrest--Bail was confirmed. ORDER Petitioners Muhammad Nazim alias Muhammad Nawaz, Haq Nawaz, Akhtar and Arshad seek pre-arrest bail in case F.I.R No. 79/2015, dated 30.03.2015, registered under Sections 324/148/149, PPC at Police Station Saddar, Bahawalpur. 2. Precisely, the allegation against petitioners is that they alongwith other co-accused while armed with deadly weapons in prosecution of their common object launched murderous assault and complainant party sustained injuries. 3. After having heard learned counsel for parties and perusing the record, it is observed that 09 persons have been involved in this case with specific role. During investigation, co-accused of petitioners namely Allah Ditta, Muhammad Rafique, Ahmad Bakhsh and Khadim Hussainhave been found innocent whereas petitioners…

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