Law: Pakistan Penal Code, 1860

Section: 302,324,147,148,354,504,114

Law: Code of Criminal Procedure, 1898

Section: 497(2)

Summary:
This is an order by Ali Haider ‘Ada’,J regarding pre-arrest bail application in a case registered under various sections including murder (302 PPC), voluntary causing hurt (324 PPC), rioting (147,148 PPC), assault (354 PPC), criminal intimidation (504 PPC) and abetment (114 PPC) at Police Station A-Section Sukkur. The accused seek pre-arrest bail after their initial application was dismissed. The case involves an alleged attack on the complainant's family over a land dispute where three female members were injured and one has died. The court found delays in FIR lodging unexplained and noted that bail was granted to a co-accused with a similar role. The court held that the question of common intention requires further inquiry and the possibility of false implication exists given the land dispute. Hence, the court confirmed interim pre-arrest bail.

Core Points:

• Accused seeks pre-arrest bail in a serious case involving multiple offences.
• Delay of 4 days in FIR lodging unexplained by complainant.
• Co-accused with similar alleged role granted bail previously.
• Role of the first applicant shown as mere presence; second as instigator.
• Injuries including death occurred, case related to land dispute.
• Court noted that common intention and common object need further inquiry.
• Possibility of false implication due to land dispute.
• Case challaned; no further investigation required.
• Bail confirmed on same terms with caution on misuse.
• Observations are tentative; trial court to decide merits.

Law and Sections:

O R D E R.