Law: Criminal Procedure Code (V of 1898)

Section: 497,498

Law: Pakistan Penal Code, 1860

Section: 148,149,337A(i),337-F(v),337-L(2),354,45 2

Criminal Procedure Code (V of 1898 )--- ----S. 498---Penal Code (XLV of 1860), Ss. 337-A(i), 337-F(v), 337-L(2), 354, 452, 148 & 149--- Shajjah-e-Khafifa, Hashimah, hurt, assault or use of criminal force to woman with intent to outrage her modesty, house trespass, rioting, armed with deadly weapon, unlawful assembly---Ad-interim pre-arrest bail,confirmation of---Further inquiry---Two versions---Scope---Main accused had already been admitted to bail---Allegation against one petitioner was that he gave blow of spade at right knee of the injured lady while the other petitioner allegedly caused injury at knee of yet another lady---Complainant contended that petitioners were not entitled to concession of bail as recovery of weapons was yet to be affected from them---Record revealed that FIR was lodged with the delay of seven days for which no plausible reason was forwarded---One petitioner and his son had received injuries during the occurrence, both were medically examined on the same day after preparation of injuries statements---Police receivedMedico-Legal Certificates the same day but inspite of that, Police, by joining hands with the complainant party, suppressed said injuries, which fact was sufficient to establish malafide intention on the part of prosecution; so the prosecution had not come with clean hands; ultimately police registered cross-version against the complainant party on the application of the said petitioner---Police, during investigation, did not verify the cross-version yet it was a case of two versions and it would be determined by the Trial Court after recordingevidence that as to which party was the aggressor, however, such scenario ipso facto brought the case of the petitioners within the ambit of further inquiry---Allegation against one petitioner , regarding giving blow of spade at right knee ofinjured lady , had not been supported by medical evidence as Medical Lego Certificate showed no such injury---Injury attributed to other petitioner was declared as Ghayer Jaifah Damiah attracting offence under S. 337-F(i), P.P.C., which was bailable---Record showed that main role of causing injuries to the injured persons including one…

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