Law: Criminal Procedure Code (V of 1898)

Section: 498,497(2)

Law: Penal Code (XLV of 1860)

Section: 337A(1),337F(i),337F(v),114,506(ii),148,149

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss 337-A(1), 337-F(i), 337-F(v), 114, 506(ii), 148 & 149---Shajja-i-khafifa, ghayr-jaifah damihyah, ghayr-jaifah hashimah, abettor present when offence is committed, criminal intimidation, unlawful assembly---Pre-arrest bail, grant of---No doubt the petitioners / accused persons are nominated in the FIR, however, the injuries attributed to them are bailable except one injury, which per medico-legal certificate is punishable under S.337-F(v), P.P.C and carries maximum punishment of five years, thus does not exceed the limits of prohibitory clause of S.497, Cr.P.C.--The case has been challaned, which is now pending for trial before the Magistrate---In case after recording evidence the prosecution may succeed to prove the charge against the petitioners / accused persons, even then punishment of more than three years cannot be visualized---No complaint with regard to misuse the concession of interim pre-arrest bail has been brought on record--Thus, case against the petitioners / accused persons requires further enquiry within the meaning of subsection (2) of S.497, Cr.P.C.---Bail was allowed to petitioners, in circumstances. Muhammad Tanveer v. The State PLD 2017 SC 733 ref. Date of hearing: 22nd February, 2024. JUDGMENT MUHAMMAD SALEEM JESSAR, J.---Through this application, applicants Ali Jan, Abdul Ghaffar alias Qurban Ali, both sons of Muhammad Ali, Dilshad son of Lutuf Ali, Suhrab son of Sikandar, Doda Khan son of Lutuf, Chanessar son of Mithal, all by caste Chandio, seek pre-arrest bail in Crime No.12 of 2023 of P.S Hamal, District Kamber-Shahdadkot, registered under Sections 337-A(i), -337-F(i), 337-F(v), 114, 506/2, 148, 149, P.P.C. Applicants filed anticipatory bail application vide Cr. Bail Appln. No.1544 of 2023 before the Court of Sessions Judge, KamberShahdadkot at Kamber, which after hearing the parties was dismissed by the learned Additional Sessions Judge-II, Kamber vide order dated 29.12.2023, hence this application has been maintained. 2.    According to the case of prosecution, on 07.10.2023, at 10.00 a.m., near the house of complainant, the…