Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 302(b), 324, 506(ii), 337-H(ii), 504, 147, 148, 149,

(a) Criminal Procedure Code (V of 1898) S. 498---Penal Code (XLV of 1860), Ss. 302(b), 324, 506(ii), 337-H(ii), 504, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, criminal intimidation, rash or negligent act to endanger human life or personal safety of others, intentional insult with intent to provoke breach of the peace, rioting, rioting armed with deadly weapons, unlawful assembly---Pre-arrest bail, dismissal of---Allegation against the accused-applicant was that he along with his co-accused made firing upon the complainant party, due to which brother of complainant died and an other sustained injuries---Applicant was explicitly nominated in the FIR, with a specific role attributed to him causing a firearm injury to the deceased brother of complainant, by firing from a pistol---Injury allegedly inflicted by the applicant struck the deceased on the head---Medical evidence corroborated the version provided in the FIR---Furthermore, the applicant remained at large for more than three years following the occurrence and only surrendered in September, 2024 by filing a pre-arrest bail application before the Trial Court---In the present case, the applicant was specifically attributed with the role of firing at the deceased, resulting in his death---Prima facie, case was under S.302, P.P.C, the punishment whereof fell within prohibitory clause of subsection (1) of S.497 Cr.P.C---Applicant raised plea of alibi, asserting that he was not present at the place of the incident due to a fracture and he remained under treatment at hospital from 15.02.2021 to 15.08.2021 and had falsely been implicated in the case---However, the plea of alibi could only be properly assessed by the Trial Court after the recording of evidence---Alleged contention with regard to the conflict between the ocular account and medical evidence was not to be considered at the bail stage---Although, there was a 20-hours delay in lodging the FIR, no element of mala fide was apparent on the face of the record---Bail petition was dismissed and pre-arrest bail granted earlier was recalled, in circumstances.        Abdul Qudoos v. Hafiz Israr Ahmed and another…