Law: Criminal Procedure Code, 1898

Section: 497(2), 498

Criminal Procedure Code (V of 1898) Ss. 497 (2) & 498-Bail before arrest-Petitioner attributed a shot with his gun actually hitting deceased. with butt of gun and at time of post-mortem no fire-arm. injury found on deceased's person-Nothing: .to. show whether fatal injuries , .received- by deceased being caused by petitioner or by other assailants- Apparent inconsistency in prosecution evidence, held, quite significant for purpose of bail and covers petitioner's case under subsection (2) of S. 497, Cr. P. C.-Pre-arrest bail confirmed, in circumstances. Date of hearing : 12th January 1980.                                                                                                                      JUDGMENT Rana Zia-ul-Haq has filed the present petition for pre-arrest bail in case F. I. R. No. 170 dated 24-8-79, registered at P. S. Sadar, Faisalabad under sections 3021307, 354/448, 342/382, 148/149, P. P. C. contending that he has been falsely implicated in the case at the instance of D. S. P., Sadar Faisalabad with whom the petitioner had some dispute over the land inherited by the petitioner, that there was no motive for the petitioner to attack the complainant party as the dispute over the lease of the land was between the complainant party and Shahab-ud-Din; that the allegation made against the petitioner in the F. I. R. that he fired a shot with his gun injuring the legs of Gut Muhammad deceased is not supported by the medical evidence as the post-mortem examination did not reveal any fire-arm injury on the body of Gul Muhammad ; and that he being a respectable Zamindar of the Illaqa would suffer humiliation on account of unjustified arrest by the police. 3. The F. I. R. in the case was lodged by Mst. Ghafoor Anwar Begum. It was. stated by her that on 24-8-79 at about 9.00 a.m. Zia-ul-Haq petitioner alongwith his brother Sana-ul-Haq, Shahab ud-Din,…