Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 336,337-A(ii),354,147,149

Criminal Procedure Code (V of 1898)--- ----S. 497--- Penal Code (XLV of 1860), Ss. 336, 337-A (ii), 337-F (i), 354, 147 149---Itlaf-i-salahiyyat-i-udw, shajjaah, ghayr-jaifah, assault or criminal force to woman with intent to outrage her modesty, rioting, unlawful assembly---Bail, grant of---Further inquiry---Medico-Legal Certificate showed that no organ or limb was destroyed or permanently un-paired---Question as to which provision of law was applicable to the case of accused was yet to be determined---Mere heinousness of crime was no ground to withhold bail---Court could not keep a person in jail on allegation that he had committed offence which fell within the purview of prohibitory clause of S.497, Cr.P.C---Accused persons were admitted to bail. ORDER ABDUL HAMEED BALOCH, JUSTICE:---.--- Through this order I intend to dispose of above bail application filed by the applicants for their release on bail in case pursuant to FIR No. 109 of 2019, registered under Sections 336, 337-A(ii), 337-F(i), 354, 147, 149 Pakistan Penal Code with Police Station Saddar Dera Murad Jamali, District Naseerabad. 2. Precise facts of the case are that on 10th December, 2019 case FIR No. 109 of 2019, under above mentioned sections was registered with above Police Station on the report of Shaukat Ali on the allegation that the accused/applicants duly armed with hatches and dandas entered his house and attacked upon them, due to which his uncle Safar Khan, Shah Nawaz, Haq Nawaz, Mst. Malka Bibi, minor Nahida and Abdul Rehman received injuries. 3. After registration of FIR, formal investigation was carried out and challan of the case was submitted before the trial court. The applicants moved application for their release on bail, but the request was declined by the trial court vide order dated 24th January, 2020, hence the applicants are before this court for the same relief. 4. Heard the learned counsel for the applicants as well as learned Additional Prosecutor General and also perused the available record. Record reflects that later on section 336, P.P.C. was inserted in the FIR, the punishment whereof is extended up-to ten (10) years. It would be appropriate to reproduce the…

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