Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 148,149,324

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 324, 148 & 149---Attempt to commit qatl-i-amd, and common object---Pre-arrest bail, confirmation of---Two versions-Discrepancy between version of complainant and outcome of investigation---Accused persons were nominated in FIR and injuries were attributed to them---Record revealed that both the injuries attributed to accused persons had been declared by the doctor as "Jurh ghair-jaifa damiah" which fell under S. 337-F(i), P.P.C.---During the investigation, admittedly, it had come on record that both the accused persons were present at the place of occurrence empty handed and had not caused any injury to anyone rather their co-accused had caused said injuries---Opinion of the police though was not binding on the Court yet the same could be taken into consideration while deciding bail application, therefore, by keeping in view the contents of FIR and the outcome of investigation, prima facie the case of prosecution to the extent of accused persons had become the case of two versions i.e. one put forward by the complainant and the other came on record during investigation; as to which version was correct would be determined by Trial Court after recording evidence---Cross-version had been recorded against the complainant party of the case and which party was aggressor and which was aggressed upon would be determined by Trial Court after recording of evidence---Ad-interim bail already granted to the accused persons was confirmed accordingly. Ehsan Ullah v. The State 2012 SCMR 1137 ref. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 498, Cr.P.C. the petitioners Mashooq Ali and Habib-ur-Rehman have sought bail before arrest in case FIR No.589/2017 dated 16.12.2017 under sections 324, 148, 149, P.P.C., registered at Police Station Sahianwala District Faisalabad. 2. I have heard the learned counsel for the parties and have gone through the record with their able assistance. This is bail before arrest and only tentative assessment is required at this stage. It has been noticed that although the petitioners are named in FIR, yet the fact…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492