Law: Criminal Procedure Code (V of 1898)

Section: 497,

Law: Penal Code (XLV of 1860)

Section: 337-A(i),337-A(iii),504,34

(a) Criminal Procedure Code (V of 1898)--- ---S.497---Penal Code (XLV of 1860), Ss. 337-A (i), 337-A (iii), 504 , 34---Shajjah-i-khafifah, shajjah-i-hashimah, intentional insult with intent to provoke breach of the peace and common intention---Bail, grant of---Delayed FIR---Scope---Prosecution case was that the accused persons had abused and beaten the complainant with fists and kicks---First Information Report was got registered by the complainant after a delay of about 40 days---No specific role was assigned to any of the accused persons---Mere heinousness of the offence did not mean that an innocent person who was under blame would be prejudiced particularly at bail stage---Accused persons had made out a good prima facie case for their admission on pre-arrest bail---Bail application was allowed, in circumstances. Muhammad Ibrahim v. The State 2017 YLR Note 241; Israr Razzak v. The State and another 2017 YLR Note 242; Malik Sheraz Zafar v. The State and others 2017 YLR Note 243; Kashif Aman v. The State and another 2014 PCr.LJ 622 and Zamin Shah v. The State and another 2014 PCr.LJ 624 ref. (b) Criminal trial--- ---Delay in lodging criminal cases has always been held fatal for the prosecution. (c) Criminal Procedure Code (V of 1898)--- ---S.497---Bail---Scope---Every accused will be presumed to be blue eyed boy of the law until and unless he is found guilty of the charge and law cannot be stretched upon in favour of the prosecution particularly at bail stage. Khaleel Ahmed Soomro v. The State PLD 2017 SC 730 ref. ORDER: MUHAMMAD SALEEM JESSAR, JUSTICE:---.--- Through this application, applicants (i) Rizwan, (ii) Ahsan Ullah, (iii) Waqar and (iv) Waqas Ahmed seek their admission on pre-arrest bail in Crime No.250/2020 of Police Station Jackson, Karachi, under Section 337-A(i)/ 377-A(iii)/504/ 34, P.P.C. The bail plea preferred by the applicants before first forum was declined by means of order dated 02.07.2020, hence this bail application. Facts of the prosecution case are that on 06.05.2020, at about 1930 hours, complainant Muhammad Ahsan was sitting outside of the house, in the meantime four persons namely Rizwan Ahmed, Ahsan, Waqas and Waqar came there and…

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