Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 337-A(iii),337-F(i),148,149,337-H(2)

Criminal Procedure Code (V of 1898) --- ----S. 498---Penal Code (XLV of 1860), Ss. 337-A(iii), 337-F(i), 147, 148, 149, 337-H(2)---Shajjah-i-hashimah, ghayr-jaifah, rioting, rioting armed with deadly weapon, unlawful assembly, punishment for hurt by rash and negligent act---Pre-arrest bail, confirmation of---Further inquiry---Explanation, in recording of FIR with delay of two months, was not satisfactory---Presence of the complainant with the injured was doubtful---Letter issued for medical treatment and certificate showed that accused and his co-accused also received injuries but these facts had been concealed by the complainant which showed that the complainant had not got registered the FIR with clean hands and he had hidden the truth---Different medical certificates were produced by the parties and the date on the final medical certificate was tampered, which created some doubts---Nature of the injury was yet to be determined by the Special Medical Board---All the provisions applied in the FIR were bailable except S.337A-(iii), P.P.C., which provided punishment up to 10 years---Parties were admittedly on inimical terms---All the family members had been involved in the case and prosecution story appeared to be managed one by the complainant---Nothing had been recovered from the place of the incident during the investigation---Court had to consider the minimum aspect of the sentence provided for the alleged offence while deciding the bail plea---Challan had been submitted and no purpose would be served if the accused was refused bail on technical grounds---Pre-arrest bail already granted to the accused was confirmed, in circumstances. ORDER ZULFIQAR ALI SANGI, JUSTICE:---.--- Through the instant application, the applicant/accused Mumtaz Ali son of Allah Diwayo Mirani seek pre-arrest bail in FIR No.42/2019, registered at Police Station Belo Mirpur, under Sections 337-A-iii, 337-F-i, 147, 148, 149, 337-H-2. P.P.C. Applicant/accused along with co-accused 1. Zulfiqar Ali son of Allahdiwayo, 2. Haider Ali son of Allahdiwayo, 3. Sadaqat Ali son of Allahdiwayo, 4. Wajid Ali son of Maqsood Ahmed, 5. Irfan Ali son of Pahalwan, 6. Kamran Ali son of Pehlwan 7. Asif Ali…

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