Law: Criminal Procedure Code (V of 1898)

Section: 497(5),498

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Application for cancellation of pre-arrest bail---Contention that impugned order was premised upon a factually incorrect assumption was not besides the mark for the reason that reading of First Information Report indicated an effective fire shot by accused resulting into deceased's death; it was so illustrated not only by the complainant but two eye-witnesses---Narrative was duly corroborated by Medico-legal Certificate as well as autopsy report and thus there was no occasion for Court of Session to hold that no incriminating material was available against the accused---Motive was clearly mentioned in the crime report besides inordinate absence of almost nine years from law hovering upon accused---Extravagance extended to accused could not be condoned on the ground that a report under S. 173, Cr.P.C. had since been submitted or that recall of interlocutory freedom of bail was subject to same considerations, pari materia with grounds for interference with acquittal, as subsequent events or mere flux of time would not validate an order inherently ultra vires---Impugned order was not only inconsistent with the law, it was incompatible with the facts of the case as well and thus could not sustain---Pre-arrest bail was cancelled. Hidayat Ullah Khan's case PLD 1949 Lah. 21 and Mukhtar Ahmad v. The State and others 2016 SCMR 2064 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Pre-arrest-bail---Scope---Concession of pre-arrest bail could not be allowed to an accused person unless the court felt satisfied about seriousness of the accused's assertion regarding his intended arrest being actuated by mala fide on the part of the complainant party or police. Mukhtar Ahmad v. The State and others 2016 SCMR 2064 rel. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Impugned herein is order dated 17-2-2017 whereby a learned Addl. Sessions Judge at Rawalpindi admitted Imtiaz Ahmad respondent to bail in anticipation of his arrest in a case of homicide…

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