Citation Name: 2020 YLR 1544 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD JAHANZAIB
Side Opponent : State
S. 498 ---Penal Code (XLV of 1860), Ss. 324 , 337-F (v). 337-D, 336, 148 & 149---Attempt to commit qatl-i-amd, hurt, punishment for itlaf-i-salahiyyat-i-udv, rioting, unlawful assembly---Pre-arrest bail, confirmation of---Further inquiry---First Information Report was lodged with the delay of five days but neither fire arm injuries received by one of the accused persons had been got mentioned in it by the complainant nor police had mentioned the same in "Karwai Police" in the FIR---Co-accused, with the same allegation of "Lalkara"and ineffective firing, had already been allowed pre-arrest bail by High Court which had not been challenged before the Supreme Court---Case of the present accused persons needed further probe within meaning of S.497(2), Cr.P.C. and on the other hand mala fide on the part of prosecution could not outrightly be ruled out---Ad-interim pre-arrest bail already granted to accused persons was confirmed , in circumstances.
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Citation Name : 2020 YLRN 66 KARACHI-HIGH-COURT-SINDHSide Appellant : HALEEM RAJARSide Opponent : State
S. 498 ---Penal Code (XLV of 1860), Ss. 324 , 337-A(i), 337-F(i), 504, 147, 148 & 149---Attempt to commit qatl-i-amd, shajjah, ghayr-jaifah, intentional insult with intent to provoke breach of peace, rioting, unlawful assembly---Pre-arrest bail, confirmation of---Delayed FIR---First Information Report was delayed by more than nine hours; hence, due deliberation and consultation on part of the complainant could not be ruled out---Injuries alleged to have caused by the accused persons to the complainant party were bailable, except the injury of imputation of thumb of one of the injured, however, the said injury had not been disclosed in the FIR---Complainant had also alleged in the FIR that one accused person caused hatchet injury on the head of his son, but said injury had not been certified in the Medical Certificate---Both the parties had registered counter cases---Complainant party had already been admitted to post arrest bail by the Trial Court in counter case---Question as to which party was the aggressor and which was aggressed upon was yet to be determined---Both the parties had suppressed the injuries received by the either party in their respective FIRs---Interim pre-arrest bail was confirmed , in circumstances.
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Citation Name : 2020 PCrLJN 155 KARACHI-HIGH-COURT-SINDHSide Appellant : LIAQAT YOUNISSide Opponent : State
Ss. 497 & 498 ---Penal Code (XLV of 1860), Ss. 324 , 337-A(i), 337-F(i), 403, 504, 506(2), 147, 148 & 149---Attempt to commit qatl-i-amd, shajjah, ghayr-jaifah, dishonest misappropriation of property, intentional insult with intent to provoke breach of peace, rioting armed with deadly weapon, unlawful assembly---Pre-arrest bail, confirmation of---Accused, who allegedly caused injury on the head of complainant constituting non-bailable offence under S. 337-A(iii), P.P.C., carrying punishment upto ten years, was not entitled to extraordinary concession of pre-arrest bail, more particularly, in view of the fact that the ingredients for grant of pre-arrest bail were completely lacking in the case, therefore, the bail application to that extent was dismissed---Co-accused were alleged to have caused injuries to the prosecution witnesses constituting bailable offence under S. 337-L(2), P.P.C., carrying punishment upto two years, coupled with the fact that the applicability of Ss. 324 & 506(2), P.P.C. and their vicarious liability needed further inquiry---Bail application to their extent was allowed and ad interim pre-arrest bail earlier granted to them was confirmed .
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Citation Name : 2020 PCrLJN 109 KARACHI-HIGH-COURT-SINDHSide Appellant : ALI SHAHSide Opponent : State
S. 498 --- Penal Code (XLV of 1860), Ss. 302, 324 , 452, 114, 147 & 148---Qatl-i-amd, attempt to commit qatl-i-amd, house-tesspass after preparation for hurt, assault or wrongful restraint, abettor present when offence is committed, rioting, rioting armed with deadly weapons---Pre-arrest bail, confirmation of---Further inquiry---Admittedly, there was delay of 20 hours in lodging the FIR and no explanation had been given by the complainant---First Information Report showed that roles of causing injuries as well as of instigation was attributed to co-accused persons having already been granted bail by the Trial Court---Accused had only caused lathi blow and the injury sustained by the complainant was not on vital part of the body, which had been declared as simple in nature by Medico-Legal Officer---Role assigned to other accused was of his mere presence at the place of incident---Enmity was admitted between the parties over landed property---Case of the accused persons was on better footing to that of co-accused hence, same required further inquiry as envisaged under S. 497(2), Cr.P.C.---Mere absconsion would not come in the way
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