Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 337A(i), 337A(ii), 337(iii), 337F(i),148&149

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 337A(i), 337A(ii), 337(iii), 337F(i), 148 & 149--Pre-arrest bail--Confirmed--Allegation of--Vicarious liability--Common intention--Held: It is settled law that questions of sharing common intention and vicarious liability of petitioners shall be determined by trial Court after recording evidence--Admittedly petitioners are previous non-convict and never involved in any other case--They have already joined investigation of case, which as per Investigating Officer is complete to their extent, therefore, no useful purpose would be served by sending them behind bars so as to enable them to come out of jail within few days--False implication of petitioners by complainant cannot be ruled out of consideration and they have made out a case for grant of pre-arrest bail, hence, this petition to extent of petitioners is allowed and ad interim pre-arrest bail already granted to them is confirmed. Ch. Muhammad Ashraf Goraya and Ch. Umar Hayyat Kamran Rajoka, Advocates with Petitioners in Crl. M. No. 60798-B of 2017 and Crl. M. No. 61148-B of 2017. ORDER Through this single order, I propose to decide the instant petition along with Criminal Miscellaneous No. 61148-B of 2017 as in both these petitions, Muhammad Shoaib, Muhammad Zubair, Muhammad Ehsan, Umar Shehzad and Yasrab Ali petitioners have sought pre-arrest bail under Section 498, Cr.P.C. in case FIR No. 183/17, dated 4.06.2017 registered at Police Station Bhagtanwala, District Sargodha, in respect of offences under Sections 337A(i), 337A(ii), 337A(iii), 337F(i), 148, 149, PPC. 2. The arguments advanced by learned counsel for the parties have been heard and record of the case has been perused with their able assistance. These are petitions for bail before arrest, deeper appreciation is not permissible and only tentative assessment is required at this stage. It has been noticed by this Court that the case to the extent of MuhammadEhsan, Umar Shehzad and Yasrab Ali petitioners is distinguishable from that of Muhammad Shoaib and Muhammad Zubair petitioners, so first I would like to discuss the case to the extent of Muhammad…

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