Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 148,149,337-F(i),(v),

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.337-F(i), (v), 148 & 149---Causing damiyah and hashimah---Pre-arrest bail, confirmation of---Further inquiry---F.I.R. was lodged in the case with extraordinary delay of 17 days, for which no plausible explanation had been provided---Ocular account was in conflict with medical evidence---Possibility could not be ruled out that the complainant lodged false F.I.R. on the basis of mala fides against accused---One of prosecution witnesses, present in the court, had tendered his affidavit and had not supported the prosecution version---Offence alleged against accused did not fall within the prohibitory clause of S.497, Cr.P.C.; and it could not be ascertained that out of eight accused nominated in the F.I.R., who had caused the fracture on the forearm of the complainant---Such fact also made the case of accused that of further inquiry---Ad interim pre-arrest bail already granted in favour of accused, was confirmed in circumstances. THIS ORDER PASSED BY: SARDAR MUHAMMAD SHAMIM KHAN, JUSTICE:---.--- Falik Sher, petitioner seeks his pre-arrest bail in a case registered against him vide case F.I.R. No. 135 of 2010 dated 28-7-2010 for the offences under section 337-F(I)(V), 148 and 149 of P.P.C. registered at Police Station Dhanot, District Lodhran. 2. Precise allegation against the petitioner in F.I.R. is that on 11-7-2010 at about 9-00/10-00 a.m. he along with seven accused persons, nominated in the F.I.R., all armed with SOTAS, attacked on the complainant and due to injuries caused by the accused persons, the left fore arm of the complainant was fractured. 3. Learned counsel for the petitioner submits that there is extra ordinary delay of 17 days in lodging of F.I.R.; that there is general allegation against eight accused' persons including the petitioner that they caused fracture of left forearm of the complainant and this allegation is falsified by the Medico-Legal report of the complainant where the doctor did not observe any fracture of left forearm of the complainant; that in fact Mst. Asima Bibi daughter of the complainant, out of her own free will contracted, marriage with Abdul…

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