Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 324, 148 & 149---Attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Pre-arrest bail, grant of---Accused was alleged to have launched a murderous assault on complainant party---Police investigation found that although accused was present at the time of occurrence but he was empty handed---One of the co-accused also sustained firearm injuries during the incident, however this fact was not mentioned in the FIR---Chances of false implication of accused could not be ruled out in such circumstances---Furthermore challan had already been submitted in Trial Court---Accused was allowed pre-arrest bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest bail, recalling of---Grounds---In the absence of any evidence that the accused had tried to misuse the concession of bail or attempted to tamper with the prosecution evidence, it was not open to the court to recall bail already granted to an accused. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:----------------- The petitioner seeks bail before arrest in case FIR No.127 of 2015 dated 19.04.2015, offence under sections 324, 148, 149, P.P.C., registered at Police Station Gogera, District Okara. 2. Precise allegation against the petitioner, as contained in the FIR, is that he along with his co-accused, while armed with deadly weapons, launched a murderous assault on the complainant party and that the fire shot by the petitioner landed on the right thigh of injured Mumtaz Ali. 3. After hearing the learned counsel for the petitioner, learned counsel appearing on behalf of the complainant, learned Additional Prosecutor General Punjab and perusing the material available on record, we have noticed that the role assigned to the petitioner, as per the FIR, is that the fire shot by him hit Mumtaz Ali, injured on his right thigh. It has been observed by us that the pre-arrest bail of the petitioner was confirmed by the learned High Court mainly because of the opinion of the District Standing Medical Board (DSMB) dated 03.07.2015 which was to the effect that possibility of…

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