Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 302,324,337-A(i),337-A(ii),337-F(i),337L (2),337/511,337H(2),148,149

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 302, 324, 337-A(i), 337-A(ii), 337-F(i), 337L(2), 337/511, 337H(2), 148, 149--Pre-arrest bail--Confirmed--Benefit of doubt--Allegation of--Aerial firing--Petitioner did not take part in alleged incident and this fact prima facie creates doubt in story of FIR to extent of present petitioners--Held: It is settled law that benefit of doubt can be extended in favour of accused even at bail stage--In view of allegations contained in FIR and facts emerged during course of investigation, prima facie case to extent of present petitioners has become a case of two versions; one put forward by complainant in FIR and other came on record during investigation and which version is correct shall be determined by trial Court after recording evidence--There is a dispute of property between parties and civil litigation is also pending between them, so keeping in view nature of allegations leveled against petitioners and roles assigned to them in commission of alleged incident, possibility of false implication of petitioners by complainant by spreading net wide cannot be ruled out of consideration--Admittedly petitioners are previous non-convict; they have already joined investigation and according to Investigating Officer, investigation of case to extent of present petitioners is complete, therefore, no useful purpose would be served by sending them behind bars so as to enable them to come out of jail on post-arrest bail after few days--False implication of petitioners by complainant by spreading net wide cannot be ruled out of consideration, petition is allowed. 2012 SCMR 1137 & PLJ 2016 SC 14, ref. ORDER Through this petition under Section 498, Cr.P.C. the petitioners have sought pre-arrest bail in case FIR No. 304/17, dated 01.07.2017 registered at Police Station Bhowana, District Chiniot in respect of offences under Sections 302, 324, 337A(i), 337A(ii), 337F(i), 337L(2), 447/511, 337H(2), 148, 149, PPC. 2. I have heard the learned counsel for the parties and have gone through the record with their able assistance. This is bail before arrest and only tentative assessment is…

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