Law: Criminal Procedure Code (V of 1898)

Section: 498,498A

Law: Anti Terrorism Act, 1997

Section: 6,7

Law: Explosive Substances Act, 1908

Section: 3,4

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324,395

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 498-A---Penal Code (XLV of 1860), Ss. 302, 324, 395, 148 & 149---Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7---Explosive Substances Act (VI of 1908), Ss. 3 & 4---Qatl-i-amd, attempt to commit qatl-i-amd, dacoity, rioting armed with deadly weapon, unlawful assembly, causing explosion, attempt to cause explosion or for making or keeping explosive with intent to endanger human life and terrorism---Bail, refusal of---Accused persons were implicated by the prosecution witnesses in their statements recorded under S. 161, Cr.P.C. wherein they had also assigned the role of causing firearm injuries to deceased persons as well as injured persons in furtherance of common object---Medical evidence was in line with the ocular version and eye-witnesses had also implicated the present accused persons---Empties were also shown to be secured from the place of occurrence---Mala fides though had been pleaded by accused but not to the complainant, prosecution witnesses or the police---Delay in lodging of FIR had been fully explained by the complainant---Prima facie sufficient incriminating material was available against the accused persons to connect them with the commission of alleged offence of murder of six persons---Accused persons had failed to make out case for grant of pre-arrest bail---Bail was refused accordingly Haji Guloo Khan v. Gul Daraz Khan and others 1995 SCMR 1765; Muhammad Arshad and another v. The State and another 1996 SCMR 74; Rana Muhammad Arshad v. Muhammad Rafiq and another PLD 2009 SC 427 and Shahzaman and 2 others v. The State PLD 1994 SC 65 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Delay in lodging of FIR---Scope---Benefit arising from the delay in lodging of FIR would go to accused which could also be taken into consideration along with other circumstances in the case at the stage of deciding bail application but delay in lodging FIR alone would never be considered a circumstance sufficient for grant of bail in a case involving capital punishment Haji Guloo Khan v. Gul Daraz Khan and others 1995 SCMR 1765 rel. THIS ORDER PASSED BY: KHADIM HUSSAIN TUNIO,…

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