Case Details

Citation(s)
2022 SLG 2300 2022 SLD 2300 2022 SCMR 1834
Supreme Court of Pakistan

SARDAR TARIQ MASOOD AND MUHAMMAD ALI MAZHAR, JJ
Aftab Hussain Bhatti, Advocate Supreme Court for Petitioner along with Petition (via video link from Lahore). Anis Muhammad Shahzad, Advocate Supreme Court (at Principal Seat) and Malik Matee Ullah, Advocate Supreme Court for
Respondents (via video link

MUHAMMAD NIAZ

VS

The STATE and others Mirza Abid Majeed, D.P.G. Punjab for the State.

Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 324,337-H(2),148,149

Law: Punjab Arms Ordinance, 1965

Section: 11-B

Law: Constitution of Pakistan, 1962

Section: 185(3)

Criminal Procedure Code (V of 1898)--- ----S. 498--- Penal Code (XLV of 1860), Ss. 324, 337-H(2), 148, 149---Punjab Arms Ordinance (XX of 1965), S. 11-B---Constitution of Pakistan, Art. 185(3)---Attempt to commit qatl-i-amd---Pre-arrest bail, grant of---Rule of consistency---Counsel for injured witness and the accused both admitted that one of the co-accused, who had also fired in the air, similar to the accused, was granted pre-arrest bail, which bail order was subsequently been confirmed by the Court, and was neither challenged by the injured witness nor by the complainant---Case of accused was not distinguishable from the case of the said co-accused granted pre-arrest bail---In such circumstances as per rule of consistency, the accused was also entitled to relief of bail---Petition for leave to appeal was converted into appeal and allowed, and accused was granted pre-arrest bail. Nemo for Respondent. Date of hearing: 10th May, 2022. ORDER SARDAR TARIQ MASOOD, J.---For the reason set out in the application for impleadment (Crl. M.A 350-L/2021) the same is allowed and learned counsel is permitted to argue the case on behalf of Allah Yar. 2. Through the instant petition, the petitioner seeks pre-arrest bail in case FIR No. 81/2021 dated 04.03.2021, for the offences under sections 324/337-H(2)/148/149, P.P.C. read with section 11-B of the Punjab Arms Amendment Ordinance, 2015, registered at Police Station Rodala Road District Faisalabad. Petitioner was declined pre-arrest bail by the learned High Court vide impugned order. 3. After hearing learned counsel for the…
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