Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 324,34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 324 34--Bail before arrest, grant of--Allegation of along with co-accused while armed with different fire-arms launched an attack upon complainant lodged cross version case on same day with allegation that fact complainant party of State case was aggressor and caused different injuries on his body--According to medico legal report of petitioner, there are as many as seven injuries on his body--Injuries of petitioners have been declared by concerned Medical Officer to be punishable under Sections 337-A(ii) 337-F(v)/337-F(vi)/337-L(ii), PPC because concerned Medical Officer noted factures of different bones of body of petitioner--In relevant column of medico legal report of petitioner, Medical officer categorically mentioned that there was no--possibility of fabrication of any injury of petitioner--Counsel for complainant has conceded on instructions that complainant party of State case has not challenged medico legal report of petitioner before District Standing Medical Board--Moreover, ASI, who is Investigating Officer of this case, as well as, cross version case submits that he has declared five accused persons of cross version case as guilty during investigation of case--As it is admittedly a case of case versions, therefore, it will be determined; by trial Court after-recording of evidence that as to who was aggressor and who was aggressed upon and as such, case for grant of pre-arrest bail is made out in favour of petitioner. 2010 SCMR 1219 and 2015 SCMR 879. ORDER Through the instant petition, Muhammad Shafat petitioners seeks pre-arrest bail in case FIR No. 448/2018, dated 12.11.2018, offences under Sections 324/34, PPC, registered at police station City Joharabad, District Khushab. 2. Arguments heard. Record perused. 3. As per brief allegations levelled in the FIR, the petitioner along with his co-accused while armed with different fire-arms launched an attack upon the complainant party. Muhammad Shafat petitioner has been assigned the role of making a fire shot of carbine 12. bore, which landed on the right hand, right thigh and above tastical region of…

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