Law: Criminal Procedure Code (V of 1898)

Section: 498

Criminal Procedure Code (V of 1898) S. 498-Bail-Murder cases-Cross-cases-Two cross-cases arising out of same occurrence Police originally failing to locate aggressive party but on re-investi gation under orders of higher Police Authorities version put forward by petitioners found correct and six petitioners also found falsely, implicated-Such finding of police officer although of no legal value nevertheless, being adverse to prosecution, would put one on enquiry gas to veracity of prosecution case-Proceedings in main case not concluded, in cross-case yet to be started, and petitioners confined in judicial lock-up for over one year-Petitioners admitted to bail in circumstances. Rehmat Ullah Khan alias Rehman v. The State and others 1970 SCMR299rel.   ORDER This is a petition under section 498, Cr. P. C., for the release of the ten petitioners on bail who are facing an enquiry along with two others Nawab Din and Ibrahim (already on bail) in a case under sections 148, 302/307/149, P. P. C., in the Court of Assis tant Commissioner, Jaranwala. They are alleged to have caused the murder of Sadiq Ali their co-villager and injuries to Muhammad Abbas, Muhammad Tufail and Muhammad Ishaq P. Ws., in prosecution of the common object of an unlawful assembly formed by them while armed with dangs on the evening of 10th July 1969 in the area of their Chak No. 83, G. B. P. S. Satiana District, Lyallpur who were arrested on 12-7-69 and are in the judicial lock-up since then. 2. The defence plea is that the complainant party armed with deadly weapons raided the house of Ibrahim (on bail) and caused injuries to five of the inmates, namely, Abbas Nawaz petitioners, Mst. Hidayat Bibi, Mst. Razia Begum and Tasawar Hussain and in exercise of their right of private defence they had caused injuries to the other party but the local police refused to register a case at their instance when approached by them on the same evening and advised them to get themselves medically examined, but as it had got very late that night they were examined on the next day by the doctors. In the meanwhile, through the good offices of two of their relatives, Muhammad Munir (Head Constable; CIA Lyallpur)…