Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 109/148/149/302

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/148/149/109---Qatl-e-amd, rioting armed with deadly weapons, unlawful assembly, abetment---Bail, grant of---Further inquiry---General/collective allegation---Non-attribution of any specific injury---Enmity between parties admitted---Probability of false implication---Effect---Accused and co-accused persons allegedly launched an attack on the complainant party, which resulted in death of complainant's son---Although F.I.R. was promptly lodged but no specific or particular injury on the person of the deceased had been attributed to accused---Only general and collective allegation of causing fire shot injuries had been levelled against accused---Successive investigations revealed that accused did not cause any injury to the deceased and he was only present at the spot without any weapon---Enmity between parties was admitted---Involvement of accused on account of malice and afterthought of the complainant party could not be ruled put---Case was one of further inquiry---Accused was admitted to bail accordingly. Ehsan Ullah v. The State 2012 SCMR 1137 rel. THIS ORDER PASSED BY: MAZHAR IQBAL SIDHU, JUSTICE:---.--- Rashid Ali petitioner has sought for post arrest bail in a case registered vide F.I.R. No.66 dated 29-1-2012 under sections 302, 109, 148,149, P.P.C. at Police Station Dajkot, Distt. Faisalabad on the written complaint of Abdul Ghaffur. 2. Briefly, woeful story of the prosecution case is that on 29-1-2012 at about 1-00 p.m., the complainant Abdul Ghaffur along with his son Mojahid Ali, Shakeel Ahmad and Rasheed Ahmad were proceeding towards village Abadi from his agricultural land, when reached at Adda Chak Dajkot Penserra Road, where accused persons namely Rashid Ali, the petitioner and his particeps criminis Khalid, Asmat, Sajid, Janashaid, Azmat, Ghulam Ali, Arshad and Sabir Mochi who had already crouched, came in front of the complainant party along with firearm weapons, started to raise Lalkaras that Mojahid shall be taught a lesson for causing injuries to Sajid and others, then accomplices Sajid, Khalid and Asmat raised a Lalkara that Mojahid be not permitted to go…

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