Law:

Section:

Constitution of Pakistan (1973) Art. 185(3) read with Criminal Procedure Code (V of 1898), S. 498 and Penal Code (XLV of 1860), S. 302 Bail before arrest Appeal against Circumstances under which pre arrest bail can be granted ¬Grant of pre arrest bail in serious case like murder Held, should be rare Accused duly named by deceased in F. I. R. as one of assailant who fired and injured deceased Motive for crime and fire¬arm injuries broadly supported by medico legal and post mortem reports Dying statement of deceased constituting F. I. R. can form basis of conviction Co accused still absconding Held, pre arrest bail in circumstances not deserved Discretion in granting pre arrest bail not used by Courts below in accordance with object and purpose of law on subject Converting leave petition into appeal, orders passed by Court of Session and High Court set aside and bail cancelled. Muhammad Shahbaz Khan and 2 others v. The State 1978 S C M R 432 and Aurangzeb v. State 1977 S C M R 519 ref. ORDER M. S. H, QURAISHI, J. The petitioner is aggrieved by the grant of pre arrest bail to respondent Shah Muhammad, who is one of the two persons accused of the murder of his brother Fazl e Raziq deceased. The F. I. R. in the case had been lodged by the deceased himself, in which he had stated that pp 23 7 1981 at digarwela when he was going to a shop for making purchase he met, on the way, Aurangzeb and Shah Muhammad with whom he had altercations a few days before, that they were armed with pistols and that they abused him and simultaneously fired from their weapons hitting him on the right hand and at the abdomen. He had cited Abdur Rehman and Shamroz as eye witnesses to the occurrence. The medical evidence showed the presence of injuries on the right band and the abdomen. The deceased died on 21 8 1981. According to the post mortem report, the death had been due to shock from peritonitis, and infection of abdominal organs. 2. Shah Muhammad respondent applied to the Court of Session, Mardan, for pre arrest bail on 22 6 1982 and was granted an interim pre arrest bail the same day, which was later confirmed by that Court on 7 9 1982 for the reason mainly that the two eye witnesses…

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