Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 324/147/149

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.324/147/149---Pre-arrest bail, grant of--Parties were inimical towards each other on account of matrimonial dispute over declaring the victim as "Karo" due to his illicit relations with his sister-in-law---Five persons had allegedly tried to cause murder of the victim and the accused was stated to have guarded the co-accused ,at the' time of occurrence while armed with a pistol---Had the accused been present at the spot, he would have killed the victim himself---Involvement of accused in the case appeared to be mala fide due to enmity and in case of refusal of pre-arrest bail he was likely to be arrested and harassed at the hands of complainant and the police---Accused was granted bail before arrest in circumstances. ORDER ZAFAR AHMED KHAN SHERWANI, J.---This pre-arrest bail application is directed on behalf of the present applicant Nazir Ahmed who apprehends his arrest in F.I.R. No.50 of 2008 of Police Station Hyderi, under sections 324, 147, 148, 149, P.P.C. lodged on 8-1-2008 at about 9-30 p.m. in respect of the incident of the same day at about 10-00 p.m. It was alleged in the F.I.R. that the applicant was accompanied with the nominated accused persons who are his close relatives including one of his brothers had entered in the house of complainant in order to commit murder of his son Saddam Hussain having been declared as "Karo" by them, but on the intervention of the complainant and his relatives, he was saved but the accused Ali Murad succeeded in slitting his neck with his Chhuri with the help of other nominated accused. During the incident it was alleged that the applicant remained standing armed with pistol in order to facilitate his accomplices in the commission of the offence before they decamped. The learned counsel for the applicant contended that admittedly matrimonial dispute between the parties is existing since long, as mentioned in the F.I.R., therefore, the complainant has involved five persons in the commission of the offence including the applicant and his real brother Bagh Ali aged about 60/65 years who was granted bail on that ground by the trial Court. He…

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