Law: Criminal Procedure Code (V of 1898)

Section: 498A

Law: Penal Code (XLV of 1860)

Section: 302,148,149

Criminal Procedure Code (V of 1898)-------S. 498-A---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Pre-arrest bail, refusal of---Indiscriminate firing---Contention of the petitioner/accused was that he was let off by the police in investigation---Validity---Petitioner was named in the FIR with the allegation that he, along with the rest of the co-accused persons, after having formed an unlawful assembly and in prosecution of its common object, went over to the complainant party and committed murder of the deceased by fire shot injuries---Deceased, was found to have sustained fifteen (15) fire shot injuries---It was a case of indiscriminate firing, therefore, it would be hard to specify as to which injury was caused to the deceased by the petitioner---Delay of few hours in lodgment of the FIR in a case like the present one was natural and the same, even otherwise, could not be resolved by the Court at bail stage---No doubt, the petitioner in investigation was let off by the Police by disbelieving the version of the complainant and his witnesses, but it was unjustified act on the part of the Police---Even otherwise, the opinion of the police has got no binding effect upon the Court---It would be premature to say that the petitioner being innocent had been involved in the present case falsely by the complainant Party---There appeared reasonable grounds to believe that the petitioner was guilty of the offence with which he was charged and no case for grant of pre-arrest bail to him on point of further inquiry or mala fide was made out---Bail was declined to the petitioner, in circumstances.Babar Nadeem v. The State through P.G Punjab and another 2020 SCMR 1253 distinguished.ORDERIRSHAD ALI SHAH, J.---Over ruled.2.    Granted subject to all just legal exceptions.3.    It is alleged that the applicant with rest of the culprits after having formed an unlawful assembly and in prosecution of its common object committed murder of Shahzado by causing him fire shot injuries, for that the present case was registered.2(sic) The applicant, on having been…