Law: Criminal Procedure Code (V of 1898)

Section: 497(2),498

Law: Penal Code (XLV of 1860)

Section: 337-A(i),337-F(iv)(v),337,L(2),34

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) & 498--- Penal Code (XLV of 1860), Ss. 337-A(i), 337-F(i)(v), 337-L(2) & 34---Shajjah-i-Khafifah, Damihah, Hashimah and other hurts---Pre-arrest bail, grant of---Further inquiry---Fabrication of injury---Determination---Failure to appear before District Standing Medical Board---Investigation---Object, purpose and scope---Two co-accused persons who were real sons of accused had already been extended benefit of pre-arrest bail while that of the accused was declined---Validity---Complainant who was injured despite service of process, deliberately did not appear before District Standing Medical Board, which was indicated through a letter issued by Medical Superintendent---Re-examination of injured complainant could be done---Deliberate and evasive attitude of the examinee amounted to cover up the alleged fabrication of injury---When realities of prosecution's case were not clear and transparent, possibility of false involvement and implication of accused by way of fabrication of injuries and by levelling exaggerated allegations with mala fide intention and ulterior motive of complainant while throwing a widened net to the extent of accused could not be ruled out---Investigating officer was supposed to find out truth of the matter under investigation---Object of investigating officer was to discover actual facts of the case and to arrest real offender or offenders and not to commit himself prematurely to any view of facts for and against any person---Where investigating officer suspected that injuries were self-suffered, in order to further strengthen his opinion, besides an aggrieved party, investigating officer could invoke jurisdiction of Magistrate to exercise his power for reconstitution of District Standing Medical Board of Provincial Standing Medical Board---Case against accused was one of further inquiry---Bail was allowed in circumstances. Muhammad Rizwan v. The State and others 2017 MLD 1828 and Muhammad Khalid and others v. State and others 2018 YLR 2433 rel. (b) Police Rules, 1934--- ----R. 25.22---Instructions regarding conduct of Medico Legal/Post-Mortem Examination, notification No. SO(H&D)…

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