Law: Criminal Procedure Code (V of 1898)

Section: 497(2),498

Law: Pakistan Penal Code, 1860

Section: 148,149,324,337-A(i),337-F(i),395,506(2)

Criminal Procedure Code (V of 1898)--- ----Ss.497(2) / 498---Penal Code (XLV of 1860), Ss. 395, 324, 506(2), 337-A(i),337-F(i), 148 & 149---Robbery, attempt to commit qatl-i-amd, hurt, rioting, unlawful assembly---Ad-interim bail, confirmation of---Injured avoided to appear before Medical Board---Effect---First Information Report was lodged, with the delay of 16 days, against six accused allegedly armed with weapons on two motorcycles, who intercepted the complainant on link road, nearby village; one accused robbed Rs. 25,000/- from complainant and all the accused allegedly madefiring causing injuries to the complainant and prosecution witness---Accused-petitioners contended that the provisional medical certificates issued to the injured were challenged by them but the injured deliberately did not appear before the Medical Board despite repeated calls---Complainant contended that he and other injured kept on appearing but Medical Board had not examined them---Validity---Complainant though attributed the delay in lodging FIR to the effect that he had to get directions from Justice of Peace but consultation and deliberation could not be ruled out particularly when the complainant had shown that the present incident was result of robbery, allegedly committed away from the very village both the parties belonged---Mashirnama of place of incident had shown that neither any empty nor blood-stained earth had been recovered from the place of incident---Police had neither recovered crime weapon nor robbed property used by the accused in the commission of alleged offence---Inconsistency existed between the medical evidence and ocular version as according to FIR jaw of one injured was dislocated but provisional medical certificate of said injured did not show such dislocation---Investigation revealed that case was false one, and concerned Magistrate did not agree with the police opinion---Owing to delay in lodging of FIR, the injured were referred for expert's opinion which opinion was not available on record---Complainant deliberately avoided to appear before the special Medical Board---Complainant had concealed the recorded enmity between the parties also---Case of…

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