Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 452/337-L(ii)/337-A(ii)/337-F(i)/337-A(i )/148/149

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.452/337-L(ii)/337-A(ii)/337-F(i)/337-A(i)/148/149---Pre-arrest bail, grant of---Accused were no doubt nominated in the F.I.R. with specific roles, but it was revealed from the medical evidence that both the parties suffered injuries which would mean that a free fight took place between the parties---Counsel for accused persons had also submitted medico-legal reports which had shown that two persons from accused's side had also suffered injuries---When cross-fight took place and both the parties suffered injuries, it was to be seen at the time of trial as to which one was the aggressor party-Only tentative assessment was to be made at bail stage---State Counsel as well as counsel for the complainant had not been able to prove the fact as to whether any pre-meditation had taken place and they had also not been able to establish that in what circumstances that fight took place---Some enmity appeared to be existing between the parties which had ultimately led to the cross-fight---Mala fides on the part of the complainant stood established as both the parties belonged to different factions and enmity existed between them---Ad interim pre-arrest bail already granted to accused persons, was confirmed, in circumstances. Sardar Munir Ahmed Dogar v. The State PLD 2004 SC 822 ref. ORDER KHURSHID ANWAR BHINDER, J.--- Muhammad Hussain alias Malang, Ahmed Yar, Muttal, Fateh Sher, Alam Sher, Nawab, Sadiq, Hussain and Khadim alias Fazil petitioners seek pre-arrest bail in case F.I.R. No.309 dated 7-5-2008, registered under sections 452/ 337-L(ii)/337-A(ii)/337-F(i)/337-A(i)/148/149, P.P.C. at Police Station Saddar Pakpattan Sharif. 2. Precise allegations against the petitioners, as per narration of the F.I.R., are that all of them while armed with different weapons launched attack on the complainant party and injured them. 3. Learned counsel for the petitioners submits that a false case stands registered against the petitioners. In fact no occurrence ever took place. There is two days' unexplained delay in lodging of the F.I.R. She further submits that injuries were caused to both the parties as…

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