Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Pakistan Penal Code, 1860

Section: 302/337-D

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)--Pakistan Penal Code, (XLV of 1860), Ss. 302/337-D--Cancellation of bail--Conduct of accused--Theory of innocence, subsequently recalled by police--Accused is certainly entitled to due process of law and a fair and speedy trial--Accused is avoiding process of law even since registration of case as is evident from record, before last dismissal on merits, he twice secured ad-interim bail, each dismissed on account of his failure to appear before Court on date fixed--Criminal case with four injured persons unanimously clamouring respondent’s participation in occurrence with a half cooked theory of his innocence, subsequently recalled by police itself, malafide cannot be readily inferred--Pre-arrest bail granting order was recalled. 2016 SCMR 2064 ref. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pre-arrest bail--scope--A pre-arrest bail can not be granted as a sunstitute for post arrest bail. ORDER Qazi Muhammad Amin Ahmed, J.- Impugned herein is order dated 11.08.2020 by a learned Judge-in-Chamber of the Lahore High Court Rawalpindi Bench Rawalpindi whereby Tasawar Hussain respondent, one of the accused in a case of murderous assault, blamed for a straight effective shot on the abdomen of Husnain Riaz PW confirmed by medical evidence, has been granted bail in anticipation to his arrest. It is alleged that on the eventful day, in the backdrop of a dispute over the possession of a residential house, located within the precincts of Police Station Chontra Rawalpindi, the respondent along with co-accused, eight in number, differently armed with lethal weapons, mounted an assault at 6:30 p.m., in consequence whereof, Husnain Riaz sustained three entry wounds on the frontal part of his body; his wife Ghazala Bibi, Salma Bibi and Abid Hussain also endured injuries. Avoiding arrest through multiple applications, three in number, the respondent was lastly refused anticipatory bail by a learned Additional Sessions Judge on 14.7.2020, however, extended protection vide the impugned order, premised upon the following reasons: “It is straightaway observed that though the role of causing a firearm injury to…

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