Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 337-A(iii),337-L(ii),354,148,149

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 337-A(iii), 337-L(ii), 354, 148 149--Post-arrest bail, grant of--Allegation of--Caused injuries with common object--Took away cash amount and outraged modesty of complainant wife--As per crime report, petitioner caused a single blow with ‘takwa’ i.e. a sharp edged weapon but perusal of medico legal examination certificate of said lady also transpires that injuries available on her person were caused with blunt weapon, i.e. report prepared u/S. 173, Cr.P.C. transpires that it was accused Shan, who caused injuries to injured during occurrence, and that petition not present at time of occurrence--These circumstances make case of petitioner one of further inquiry into his guilt entitling him to grant of post-arrest bail--Though as per record petitioner remained fugitive from law for a considerable period yet credibility of proceedings conducted under Section 87, Cr.P.C. are yet to be looked in by trial Court after recording of evidence in this regard and moreover, same fact is not sufficient to disentitle petitioner for grant of post-arrest bail especially when he has made out his case one of further inquiry into his guilt is behind bars since his arrest though he is no more required for purpose of investigation--Keeping him further incarcerated in connection with this case till indefinite period is not likely to serve any useful purpose--Petition is allowed and petitioner is admitted to post-arrest bail. ORDER Through this petition, Muhammad Latif petitioner seeks post-arrest bail in case FIR No. 1212/2016 dated 21.09.2016, registered for offences under Sections 337-A(iii), 337-L(ii), 354, 148 149 of Pakistan Penal Code, 1860, at Police Station Saddar, Kasur. 2. In brief, the allegation against the petitioner is that he alongwith his co-accused while armed with their respective weapons, in prosecution of their common object, caused injuries to the complainant and his wife Yasmin, took away cash amount of…

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