Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 436

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.436---Interim pre-arrest bail, confirmation of---Only allegation against accused persons was that the fire took place at their instance---Contentions of counsel for accused persons were that F.I.R. was delayed by five hours without any plausible explanation and that accused were not available at the scene of offence at the relevant time---State Counsel while not disputing said factual aspects of the case, had conceded that interim pre-arrest bail already granted to accused persons be confirmed and further submitted that the main accused had already been enlarged on bail---Two eye-witnesses whose names appeared in the F.I.R. had also not supported the prosecution case--Accused persons, having made out a case for confirmation of pre-arrest bail already granted to them, same was confirmed accordingly. THIS ORDER PASSED BY: GHULAM RABBANI, J.--- Allegations as per F.I.R., lodged on 13-2-2004 at 2100 hours is that on the said date at about 1530 hours co-accused Leemo by caste Charan and two unknown persons of whom one was armed with pistol and another was holding a can of kerosene oil entered into house of complainant Arbab, sprinkled the kerosene in southern side room of the house, thereafter co-accused Leemo set the articles in said room on fire. It is stated that under the order of Sessions Judge routed through 2nd Civil Judge and Judicial Magistrate Dadu challan was submitted placing the present applicants in Column No.2. Contentions of learned counsel for the applicant are that the F.I.R. is delayed by five hours without any plausible explanation, the…

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