Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 302/324/34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), S. 302/324/34 PPC--Investigation--Pre-arrest bail--Nominated in FIR--Occurrence took place in morning time but matter was reported inordinate delay--Role ascribed both petitioners was not substantiated during course of investigation--Injury ascribed was contradicted by medical evidence--Bail was allowed. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pre-arrest bail--Concept of pre-arrest bail is exceptional, it has to be exercised sparingly--Purpose behind is to save innocent persons from false allegation, trumped up charges and malicious prosecution at end of complainant party. PLD 1989 SC 347. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Scope--Pre-arrest bail--Merits of case--While granting pre-arrest bail even merits of case could be touched upon. ORDER Sayyed Mazahar Ali Akbar Naqvi, J.- Criminal petition has been filed for leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 calling in question the impugned order dated 07.09.2020 passed by learned Single Bench of Lahore High Court (Multan Bench). 2. The petitioners were booked in case bearing FIR No. 488/2020 dated 03.08.2020 offence under Sections 302/324/34, P.P.C. registered with Police Station Gadai, District DG Khan. As per accusation levelled in the crime report, it is alleged that the petitioners were destroying the crops belonging to the complainant, which was forbidden by the complainant, resultantly it emerged into a scuffle, as a consequent, one Khadim Hussain was fired Khair Muhammad and another v. The State and another upon who later succumbed to the injuries, while one Murad Khan also suffered one scratch over his body. The allegation against Khair Muhammad is that he brought two pistols and handed over to his sons whereas Danda blow is alleged to Bashir Ahmad on the shoulder of the complainant Ahmad Bux besides causing fire shot on the little finger of the complainant. 3. At the very outset, learned counsel appearing on behalf of the petitioners argued that wider net has been thrown by the prosecution to involve whole male members of the…

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