Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 337-F(iv),337-F(i),337-A(i)

Criminal Procedure Code (V of 1898)---   ----S. 498---Penal Code (XLV of 1860), Ss.337-F(vi), 337-L(i), 337-F(i), 337-A(i) 504---Bail before arrest, confirmation of---Alleged incident appeared to be outcome of sudden flare up---Allegations-made in F.I.R. were of general nature---F.I.R. had not specified as to which of the accused had caused injury to injured, punishable under S.337-F(vi), P.P.C.---Alleged injury was not on vital part of the body and offence against accused was not punishable with death, imprisonment for life or for ten years---Accused, in circumstances, were entitled to bail---Interim bail before arrest already granted to accused, was confirmed on the same terms and conditions.    Shafi Muhammad Memon for Applicants.   Muhammad Azim Panwhar for the State. ORDER 1. Date expired, application has become infructuous. Dismissed. 2. By this application the applicants/accused have sought bail before arrest. The case arose out of F.I.R. No.85 of 2001 Police Station Johi under sections 337-F(vi), 337-L(i), 337-F(i), 337-A(i), P.P.C. read with section 504, P.P.C. The brief facts of the prosecution case as disclosed in the F.I.R. dated 15-7-2001 lodged by complainant Ali Sher are reproduced herein-below:-- ‘Note.--- Respected Sir, it is submitted that on 15-7-2001 injured was referred for treatment and certificate vide daily diary N.C. Entry No. 19/15-7-201 at 17-45 hours Medical Officer Johi has sent certificate which discloses offences punishable under sections 337-F(iv), 337-L(i), P.P.C: The facts of the case are reproduced herein-below:-- Final Medical Certificate No.04/16-7-2001 Injury No.1 S.S. Shajja-i-Khaffifah, 337-A(ii). Injury Nos.2, 3rd and 4th are 337-L(ii) (other hurts). Injury No.3 is GhaiyrJaifah 337-F(iv), Mumggitah. Dr. Roshan Ali Bhatti, Medical Superintendent, Taluka Hospital, Johi. The complaint is that I am cultivator. Today I diverted the water in the land when at 4-30 hours (1) Talib, (2) Muhammad both sons of Baloch, (3) Shabbir and (4) Ayub both sons of Rajib Jamali resident of Rajib Jamali Taluka Johi came and abused me. They expressed that they will divert the water to their land. I told them that it is…

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