Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.302, 337-A(ii), 337-F(ii), 504, 109 & 34---Qatl-e-amd, causing Shajjah-i-Khafifa and badiah, intentional insult with intent to provoke breach of the peace---Pre-arrest bail, refusal of---F.I.R. was promptly lodged by the complainant narrating the facts as occurred at the time of incident---Specific role was attributed to accused in the F.I.R.---Postmortem report of deceased was in conformity with the F.I.R.---Element of mala fide, which was a condition precedent for grant of bail before arrest, was missing, in the case---Four persons had received injuries in the attack, out of whom one lost his life and three were injured at the hands of accused party---Postmortem report clearly showed injury attributed to accused---Ocular evidence was in conformity with the medical evidence---Complainant had promptly lodged the F.I.R., without loss of time and specific role was attributed to accused by the complainant---No mala fide or ulterior motive or enmity was proved by accused---No merit was available in confirming the pre-arrest bail granted to accused---Pre-arrest bail application was dismissed, in circumstances. Muhammad Siddique and another v. The State 2004 PCr.LJ 450; Malik Ejaz Ali v. The State 2005 MLD 997; Rafique Ahmed v. The Sate 2000 PCr.LJ 994; Lal Muhammad Kalharo and others v. The State 2007 SCMR 843 and Kabeer Abid and another v. The State 2008 MLD 1293 distinguished. Zia-ul-Hassan v. The State PLD 1984 SC 192; Masood Ahmed v. The State 2006 SCMR 933 and Ch. Waris Ali v. The State 2007 SCMR 1067 rel. ORDER IMAM BUX BALOCH, J.---Applicant Abdul Razak after unsuccessful in getting pre-arrest bail by the trial Court has approached this Court for pre-arrest bail. On 26-1-2010 he was granted ad interim pre-arrest bail without touching the merits of the case. Precisely, facts of the case are that complainant Shahid Hussain along with his brother Altaf Hussain, injured Zeeshan and Azad were going to look after their agricultural lands, at 9-00 a.m. when they reached near Eid Gah where accused Sajjad Ali, Javed Ali both sons of Ghulam Nabi Soomro, Master Abdul Razak son of Aqil…

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