Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 324/337-H(iii)/144/149

Criminal Procedure Code (V of 1898) S. 498 Penal Code (XLV of 1860), Ss.324/337 H(ii)/144/149 Pre¬arrest bail, confirmation of Accused persons had joined the investigation and during the investigation nothing had been recovered from them No coercive measures should be adopted for effecting the recovery and the police could not be allowed to adopt third degree methods for creating evidence -Lalkara had been attributed to one who was not the petitioner/accused before the Court Medical report had clearly shown that there was no intention to cause death of any person Very large number of persons had been involved in the case and the only allegation against the accused was that after the occurrence they fired in the, air Arrest of the accused, in circumstances, would be unjustified ¬Ad interim bail granted to the accused, was confirmed in circumstances. Miran Bukhsh v. State PLD 1989 SC 347 ref. Muhammad Arif Alvi for Petitioners. Khalid Ashraf Khan for the Complainant. . Tanveer Ahmad Buzdai for the State ORDER Muhammad Javed, Muhammad Yasin, Afzal, Nadeem, Muhammad Tariq, Rashid Ahmad, Mubashar Ahmad, Waseem; Asghar, Abdul Majid, Ejaz Ahmad, Sejwara and Khursheed Ahmad have sought their pre arrest bail through this petition in case F.I.R. No,476 of 2001, registered at Police Station Saddar, Pakpattan on 10 9 2001, for offences under sections 148/149, 324 and 337 H(2),. P. P. C. 2. According to the story of F.I.R. one Zaheer Ahmad, a relative of the complainant was ploughing in disputed Acre No.21, Rectangle No.80 at about 12 00 (noon) on 8 9 2001, when the abovementioned accused alongwith one Saleem son of Muhammad Siddique (not petitioners) who were armed with fire arms reached the scene of occurrence. According to the allegations as levelled in the F.I.R. Saleem son of Saddique exhorted a Lalkara and fired with his .222 rifle at Zaheer Ahmad, who was hit under his right armpit and thereafter all the accused started firing aimlessly. The aforereferred Zaheer Ahmad also made good his escape from the field. The matter was not reported to the police for two days as according to the complainant he was busy in taking care of Zahoor Ahmad; who got injured during the…

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