Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 302/324/147/148/149/504

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.302/324/147/148/149/504---Pre-arrest bail, grant of---Role of firing was attributed only to co- accused---Accused though shown to be armed with different weapons, were not stated to have participated in the crime---Counter F.I.R. registered in the case about the same incident had given an entirely different story---Two persons had been murdered of one side and from the other side one person had been killed and another person had sustained fire-arm injuries---Possibility of mala fide implication of the present accused in the commission of the offence could not be ruled out, particularly when F.I.R. had been lodged against them after two days of the incident without any plausible explanation---Interim pre-arrest bail allowed to accused was confirmed in circumstances. ORDER ANWAR ZAHEER JAMALI, C.J.---By this pre-arrest bail application, the applicants have sought pre-arrest bail in Crime No.73 of 2008, Police Station Mehrabpur, wherein they have been charged with the allegation of commission of offence punishable under sections 302, 324, 147, 148, 149 and 504, P.P.C. This pre-arrest bail application was filed before High Court on 30-4-2008 in the compelling circumstances, which have been disclosed at pages 2 and 3 of this pre-arrest bail application. As per contents of the F.I.R., which was lodged by one Allah Wasayo on 14-4-2008, in the aforesaid crime, due to some dispute between the rival parties, a Faisal was arranged at the Otaq of one Haji Khan Noorani alias Lal Bux on 12-4-2008 during which Saqlain, one of the persons from accused party allegedly fired at the nephew of complainant Allah Wasayo, who sustained injury on his chest and succumbed to such injury. In respect of the same incident, another F.I.R. bearing Crime No.74 of 2008 was lodged at the same police station on 14-4-2008 by one Kazim Raza, wherein he narrated another story of the incident, showing the complainant Allah Wasayo and Lal Bux alias Haji Khan as the main culprits of the incident, during which at the hands of Lal Bux alias Haji Khan fire-arm injury was sustained by one Zulgarnain, who later on succumbed to…

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