Law: Pakistan Penal Code, 1860

Section: 506/2, 337-A(i), 337-F(iv), 147, 148, 149, 504

Law: Criminal Procedure Code, 1898

Section: 498, 497

Criminal Procedure Code (V of 1898)---.--- ---.---Ss.498 & 497---.---Penal Code (XLV of 1860), Ss. 506/2, 337-A(i), 337-F(iv), 147, 148, 149 & 504---.---Criminal intimidation; shajjah-i-khafifah; ghayr-jaifah/munaqqilah; rioting, intentional insult with intent to provoke breach of the peace; common object---.---Bail before arrest, grant of---.---Principles---.---Rule of consistency---.--- Applicability---.--- Co-accused had already been granted post-arrest bail by the trial Court---.---Case of present accused persons was on better footing than that of the co-accused, and the only difference was that the co-accused had been arrested and granted post-arrest bail, while the present accused were seeking pre-arrest bail---.---No useful purpose would be served if the pre-arrest bail was refused to the accused persons on any technical ground, as they, after arrest, would again be allowed bail on ground that the co-accused in similar circumstances had already been granted bail---.---Bail application was allowed accordingly. Muhammad Ramzan v. Zafrullah and another 1986 SCMR 1380 rel. THIS ORDER PASSED BY: MUHAMMAD IQBAL MAHAR, JUSTICE:---.------ Applicants/accused were granted interim pre-arrest bail by this Court vide order dated 29.04.2016 and today it is fixed for confirmation or otherwise. 2. Brief facts of prosecution case are that on 11.03.2016 at 10.30 a.m. complainant Khawand Dino, his son Ali Dino and son-in-law Munawar Ali were offering FATEHA in graveyard. It is alleged that applicant/accused Zamir Ahmed armed with Rifle, Tajmal Hussain, Ajmal and one unidentified having lathis and co-accused Ayaz Hussain having knife (KATI) appeared there. Applicant Zamir Ahmed challenged the complainant party as to why they have come in graveyard when they were already restrained, hence they would not be spared. Saying so Zamir Ahmed directed Rifle upon the complainant party while co-accused Ayaz Hussain caused knife injury to Ali Dino on his head, remaining accused gave lathi blows to complainant party, they raised cries, which attracted the Mohalla people, the accused persons seeing them, went away by issuing threats of murder. Complainant lodged FIR on next day.…