Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 324,337A(i),148,149

(a) Criminal Procedure Code (V of 1898)--- ----S.498---Penal Code (XLV of 1860), Ss.324, 337-A(i), 148 & 149---Attempt to commit Qatl-i-amd, Shajjah-i-Khafifa and rioting armed with deadly weapons---Pre-arrest bail, grant of---Fire-shots, determination of---F.I.R. revealed that it was not less than a mob which committed alleged occurrence and a number of accused were declared innocent during the course of investigation and many others were held guilty only to the extent of being present at the spot, empty handed without doing anything at all---Complainant categorically alleged that his maternal nephews, when they had already been deflated to the ground in injured condition, were fired at by all accused 26/27 in number and they caused injuries to both of them---Validity---Number of injuries as described in Medico-legal Reports did not commensurate with number of accused and in such eventuality it could not be said as to whose fire shot hit the injured and whose did not---None of accused persons present before High Court had been assigned any specific role regarding the injured, hence every probability existed to believe that they all might have been falsely involved in case due to malice or ulterior motives of complainant---Allegations against accused persons were of generalized and collective nature which ingrained an element of suspicion regarding their participation in occurrence alleged---Pre-arrest bail was confirmed in circumstances. Shahid Imran's case 2011 SCMR 1614 and Muhammad Ashraf and another v. The State 1982 PCr.LJ 1286 rel. (b) Criminal Trial--- ----Innocent person, punishing of---Principle---Held, it was better to leave hundred guilty persons instead of confining / punishing an innocent man. ORDER SHAHID HAMEED DAR, J.---At the very outset, learned counsel for the petitioners submits that four of the petitioners Aftab Ahmad, Sajid Mahmood, Rafaqat Ali and Mukhtar Ahmad have not turned up and he has no information as to the reason qua their absence. Dismissed due to non-prosecution to the extent of said accused. The ad interim pre-arrest bail granted to them vide order dated 3-7-2013 is recalled. 2. The petitioners nine (9), in number, Bilal…

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