Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 302(b), 324, 337-H(2), 147, 148, 149

(a) Criminal Procedure Code (V of 1898) S. 498---Penal Code (XLV of 1860), Ss. 302(b), 324, 337-H(2), 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rash or negligent act to endanger human life or personal safety of others, rioting, rioting armed with deadly weapons, unlawful assembly---Pre-arrest bail, recalling of---Allegation against the accused-applicants was that due to their indiscriminate firing, one person lost his life and another sustained grievous injuries---Since both parties were admittedly known to each other, the possibility of misidentification did not arise---Furthermore, the police had secured crime empties as well as blood stained earth from the scene of occurrence---Ocular account was corroborated by the medical evidence and the statements of prosecution witnesses, recorded under S.161, Cr.P.C by the Investigating Officer, supported the version advanced by the complainant---It was alleged by defence that counter cases had been registered by both parties against each other, the applicants were thus entitled to the concession of pre-arrest bail, however, mere filing of counter cases or cross cases, without any element of genuineness, could not by itself constitute a valid ground for the grant of bail---Sufficient material was available on the record to connect the applicants/accused with the commission of alleged offence---Offence with which the applicants stood charged fell within the prohibitory clause of S.497, Cr.P.C---Furthermore, no ill-will or mala fide was alleged against the complainant party by the applicants and even otherwise they had been shown in FIR with specific role---Applicants had failed to make out the case for the confirmation of interim pre-arrest bail---Thus, the interim bail granted to the applicants earlier was recalled---Accordingly, the interim bail already granted to the applicants/accused was dismissed.        2019 SCMR 1129 rel. (b) Criminal Procedure Code (V of 1898) S. 498---Bail---Tentative assessment---Scope---Observations made in bail orders are tentative in nature and would not influence the Trial Court while deciding the case of the applicants on merits.…