Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 498 & 227--Pakistan Penal Code, (XLV of 1860), Ss. 452, 354, 337-A(i), 148 & 149--Bail before arrest, confirmed--Charge can be altered or added at any time before was pronounced by trial Court and not by Court of competent jurisdiction--Prima facie--Held: If matter is taken cognizance by a Court of competent jurisdiction the Court at time of framing of charge against accused can add or alter charge if so advised--Since in FIR Sections 354, 337-A(i), 148 and 149, PPC were mentioned same werebailable and High Court had no other option but to grant pre-arrest bail to accused having been involved in bailable offences. ORDER The petitioners, Ashiq Hussain and Khalid Hussain seek pre-arrest bail in case FIR No. 580/14 dated 24.9.2014 registered under Sections 452, 354, 337-A(i), 148 and 149 FPC at Police Station Luddan, District Vehari on the complaint of Mst. Shehnaz Bibiwife of Muhammad Yousaf. 2. The prosecution version as narrated in the FIR is that the present petitioners' alongwith co-accused Shahzad son of Ashiqand two unknown persons entered into the house of the complainant after climbing over the wall and started demolishing the boundaiywall of her house. On the intervention of the complainant the petitioners got infuriated, caught the complaint from hair and started beating with kicks and fist blows. The Petitioner No. 1 Ashiq Hussain allegedly gave a sota blow on the head of the complainant whereas the co-accused Shahzad hit on her face with the hatchet which hit on her right foot. In the same manner Khalid Hussaingave sota blow which hit on the right food of the complainant. It was finally alleged that the petitioners along with co-accused persons tried to take illegal possession of the house of the complainant. 3. Arguments heard and record perused. 4. The offences under Sections 354, 337-A(i), 148 and 149, PPC are bailable. 5. The petitioners applied for pre-arrest bail before the learned Sessions Judge, Vehari by way of filing a petition which was dismissed on 22.10.2014 by the learned Sessions Judge. The learned Sessions Judge, Vehari dismissed the pre- arrest bail petition of the…

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