Law: Pakistan Penal Code, 1860

Section: 337A(i),337A(ii),34

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.337-A(i), 337-A(ii) & 34---Bail, grant of---Four culprits had been saddled with the responsibility of causing three injuries to the prosecution witness and it was not decipherable as to which of the culprits, including the present petitioners, had not caused any injury to the said victim---One of the offences allegedly committed by the petitioner and their co-accused i.e. an offence under S.337-A(i), P.P.C., was bailable whereas the other offence under S.337-A(ii), P.P.C. was non-bailable and it was not possible" in the present case, to specify as to which one-of the culprits, including the present petitioners, was responsible for commission of the bailable offence and. which one of them was responsible for commission of non-bailable offence---Allegation against the petitioners and their co-accused had been levelled in generalized and collective terms in the F.I.R. and no particular injury had been attributed to any of the culprits and it was impossible to determine with any degree of certainty as to whether the present petitioners were responsible for commission of the bailable offence or-the non-bailable offence---Section 34, P.P.C. had not so tar been invoked in the F.I.R. registered in the case---Benefit of such circumstances had to be extended to the petitioners for the purpose of grant of bail---High Court accepted the petition of petitioners and ad interim pre-arrest bail already allowed to the petitioner was confirmed subject to furnishing fresh security and fresh bail bonds. Ch. Muhammad Anwar Samma and others v. The State 1976 SCMR 768 fol. ORDER ASIF SAEED KHAN KHOSA, J.---Through this petition Muhammad Shahid and Muhammad Afzal petitioners have sought pre-arrest bail in case F.LR. No.711 registered at police station Badami Bagh, Lahore on 13-8-2007. in respect of offences under sections 337-A(i) and 337-A(ii), P.P.C. Earlier on the petitioners had approached the Court of Session, Lahore for the same relief but their application in that respect was dismissed by the learned Additional Sessions Judge, Lahore vide order dated 22-8-2007. Hence, the present petition…

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