Statements of prosecution witnesses recorded under S. 161, Cr.P.C., depicted that they had identified the accused persons and four others at the spot on the very day of occurrence-

2022 MLD 993

S.498 ---Penal Code (XLV of 1860), Ss. 302, 324, 447, 452, 511, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, criminal trespass, house-trespass after preparation for hurt, assault or wrongful restraint, attempting to commit offence, abetment, rioting, armed with deadly weapon---Pre-arrest bail, grant of---Scope---Prosecution case was that the accused persons along with 8/10 unknown persons, while armed with lethal weapons, formed an unlawful assembly and in furtherance of their common intention, launched murderous assault upon the complainant party as a result of which several of them got injured and one of them succumbed to the injuries at the spot---Two of the accused persons/petitioners were not named in the crime report, who were implicated in the case on the third day of occurrence---Statements of prosecution witnesses recorded under S. 161, Cr.P.C., depicted that they had identified the accused persons and four others at the spot on the very day of occurrence---Mode and manner qua implication of the accused persons prima facie showed that the witnesses were managed and maneuvered subsequently, in order to falsely implicate the accused persons---Accused persons had already joined investigation wherein no incriminating material could be recovered from them---Insistence of the investigating agency upon arrest of the accused persons appeared to be unnecessary and, thus, smacking of bad faith---Accused persons were admitted to pre-arrest bail, in circumstances.

S.498 ---Penal Code (XLV of 1860), Ss. 302, 324, 447, 452, 511, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, criminal trespass, house-trespass after preparation for hurt, assault or wrongful restraint, attempting to commit offence, abetment, rioting, armed with deadly weapon---Pre-arrest bail, grant of---Scope---Prosecution case was that the accused persons along with 8/10 unknown persons, while armed with lethal weapons, formed an unlawful assembly and in furtherance of their common intention, launched murderous assault upon the complainant party as a result of which several of them got injured and one of them succumbed to the injuries at the spot---Accused/one of the petitioners though was nominated in the crime report yet with the role of providing behind-the-scene abetment and he had not actively participated in the occurrence---Nothing was mentioned to show as to how the complainant came to know about the abetment---Accused was admitted to pre-arrest bail, in circumstances.

S.498 ---Penal Code (XLV of 1860), Ss. 302, 324, 447, 452, 511, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, criminal trespass, house-trespass after preparation for hurt, assault or wrongful restraint, attempting to commit offence, abetment, rioting, armed with deadly weapon---Pre-arrest bail, refusal of---Scope---Prosecution case was that the accused persons along with 8/10 unknown persons, while armed with lethal weapons, formed an unlawful assembly and in furtherance of their common intention, launched murderous assault upon the complainant party as a result of which several of them got injured and one of them succumbed to the injuries at the spot---Accusation of forming unlawful assembly while armed with fire arms weapons and trespassing into the house of the complainant levelled against the accused persons/petitioners was prima facie supported with the respective medico legal examination certificates of the injured witnesses, who had fully supported the contents of the crime report in their statements recorded under S.161, Cr.P.C.---Accused persons were found fully involved in the occurrence and their physical custody was required to the police for the purpose of further investigation as well as recovery of respective weapons of offence---Nothing was available on record to show that implication of accused persons was tainted with mala fide and ulterior motive---Accused persons were not entitled to pre-arrest bail---Bail petitions were dismissed, in circumstances.