Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 354,337-J,322,506,34

Criminal Procedure Code (V of 1898)--- ----S.498---Penal Code (XLV of 1860), Ss. 354, 337-J, 322, 506, 34---Assault or criminal force to woman with intent to outrage her modesty, causing hurt by means of a poison, qatl-bis-sabab, criminal intimidation and common intention---Pre-arrest bail, grant of---Mala fide of complainant---Scope---Accused persons were alleged to have been the cause of the suicide of deceased---Communication in the shape of messages prima facie reflected an unhappy and obsessive relationship between the lady and one of the accused persons---Forensic Laboratory to whom the blood samples collected from the scene of incident were sent opined that no narcotic or poisonous substances were detected in the same---Offence under S.322, P.P.C. was punishable by the payment of diyat---Refusal of the complainant to initially lodge FIR; declining to permit a post-mortem; stating that the future course of action would be determined after consultation---Apparent revulsion, hostility and abhorrence of the deceased persons family towards the accused persons, based on WhatsApp messages; tinges of mala fide on the part of the complainant could not be conclusively ruled out at preliminary stage---Accused persons were admitted to pre-arrest bail, in circumstances. Aamir Mansoob Qureshi and Iftikhar Ahmed Shah for Applicants. Abbas Rasheed Razvi along with Nabeel Ahmed Khan for the Complainant. Talib Ali Memon, APG along with SIP Sharafat Ali, I.O. for the State. ORDER OMAR SIAL, J.----On 18-8-2020 at 11:07 p.m., a 24 year old lady, Maha Ali Shah, who was a doctor by profession, shot and killed herself in the bathroom of her bedroom. Initially, the family neither gave permission for a post mortem nor was it inclined to lodge any complaint with the police. 2. On 26-8-2020, however, FIR No. 433 of 2020 was registered on a statement recorded by, Syed Asif Ali Shah, the father of the young lady. Shah narrated that he was told by his other two children, Syed Nadir Ali Shah and Syeda Fatima Ali Shah, that for the last 4 years, Maha was in a relationship with Junaid Khan (one of the applicants in these proceedings) but that Junaid was physically and emotionally abusive…

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