Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 149,395,337-H(2),506(2)

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 395, 506(2), 337-H(2) & 149---Dacoity, criminal intimidation, act so rashly or negligently as to endanger human life, unlawful assembly---Pre-arrest bail, recalling of---Prosecution case was that accused-petitioner and co-accused persons had committed the murder of the brother of complainant for which, FIR was lodged during the year 2014 against accused persons including the accused-petitioner---All the accused persons absconded---Accused persons including the accused-petitioner, on the day of incident, duly armed with weapons stopped the complainant party and asked to withdraw the case registered earlier against them--Accused-petitioner robbed cash amount of Rs. 2500 and mobile from the complainant---Co-accused robbed cash and mobile phones from companions of the complainant---Facts and circumstances of the case showed that there was no mala fide on the part of either the complainant and or police---Record showed that there had been no delay in filing the FIR---Accused-petitioner was nominated in the FIR and had been given a specific and active role---Offences attributed to the accused-petitioner in the FIR seemed to be motivated by the accused-petitioner's desire to compel through intimidation the complainant to withdraw and or not to pursue the first FIR---Offence of accused person not falling within the prohibitory clause of S.497, Cr.P.C. was of little significance---Sufficient material was available on record to connect the accused-petitioner with the commission of offence---Likelihood of absconding of the accused-petitioner and interfering with witnesses/complainant existed---Ad-interim pre-arrest bail granted earlier was recalled. Dr. Sohrab Khan v. The State 2011 PCr.LJ 208; Abid Hussain v. State 2007 YLR 1177; Mukhtar Ahmad v. The State and others 2016 SCMR 2064 and Riaz Ahmad v. The State 2009 SCMR 725 ref. Mukhtar Ahmad v. The State and others 2016 SCMR 2046 rel. THIS ORDER PASSED BY: MOHAMMAD KARIM KHAN AGHA, J.--- By this order, I propose to dispose of this pre-arrest bail application No.67 of 2016, which has been filed by the applicant (Oshaque Ali) who was…

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