Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Penal Code (XLV of 1860)

Section: 302,324,337-A(i)

Criminal Procedure Code (V of 1898)---S. 497(5)---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 302, 324 , 337-A(i)---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifa---Bail, cancellation of---Accused prominently figured in the array of assailants in the crime report with a specific role supported by the witnesses in their statements recorded under S. 161, Cr.P.C.---Medical evidence, prima facie, confirmed the role assigned to the accused and, thus, there was no justification for the High Court to extend judicial protection to the accused merely on the ground that he was related to the co-accused or that probability of his false implication as a result of wider net and exaggeration being possible factors constituted mala fide intention and ulterior motive---Such sweeping findings (of the High Court) with far-reaching consequences for the prosecution at the initial stage of the case, that too, structured subjectively on a premise lacking evidential foundations could not be approved---Similarly, the argument that the accused could only be saddled with the mischief of S. 337-A(i), P.P.C. as the injury allegedly caused by him was medically opined as shajjah-i-Khafifa was not convincing for the plain reason that role of a participant in a non-bailable offence could not be quantified to stretch out space for his admission to pre-arrest bail nor could be viewed as a factor to dispense with the requirement of reasonably demonstrating mala fide behind the intended arrest; such matters were part of a post-arrest bail agenda, and not a substitute for pre-arrest bail---Petition for leave to appeal was converted into appeal and allowed, and pre-arrest bail granted to the accused by the High Court was cancelled. ORDER: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Aqeel Abbas and Syed Samar Abbas, members of an unlawful assembly, blamed for murderous assault as well as homicide, in the backdrop of a dispute that cropped up soon after a religious congregation, within the precincts of Police Station Harrapa, District Sahiwal on 15.5.2020, an incident wherein three persons lost their lives while four others survived the assault with multiple…

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