Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Miscellaneous No. 2501/B of 1975, decided on 36th June 1975.
‑‑‑‑-S. 498‑Bail, pre‑arrest‑‑[Murder case]‑Name of accused mentioned in First Information Report and active role in occurrence attributed‑Mere contradiction in First Information Report and medical report‑Held, not sufficient to allow bail before arrest Grant of bail held further, would amount to stiffing investigation and depriving Police of opportunity to investigate case properly Penal Code (XLV of 1860), S. 302.‑[Bail].
Sardar Khizar Hayat Khan for Petitioner.
Ch. Muhammad Yamin for the State.
This is an application for bail before arrest by Inayat Ullah under section 498, Cr. P. C. He is accused with some others of offence under sec tion 302/307/148/149, P. P. C., for causing the death of Zawar Ali Shah and making murderous assault on Abadat Ali Shah with fire‑arms.
2. It is contended on behalf of the petitioner that according to the F. I. R. two persons namely, Inayat Ullah petitioner and Mushtaq, co‑accused had fired at the deceased. The medical evidence revealed only one injury that there was, therefore, contradiction between the medical report and the F. I. R. and that the petitioner is, therefore, entitled to the grand of bail.
3. As already mentioned above, the petitioner is involved in a murder case. His name is mentioned in the F.I.R. and he is attributed active role in the occurrence. I do not therefore think this is a fit case for grant of bail before arrest merely, because there appears to be some contradiction In the F.I.R. and the medical evidence. The grant of bail before arrest, to the petitioner would amount to sting the investigation and depriving the police of an opportunity to investigate the case properly. It is quite possible that during the investigation the alleged contradiction between the F.I.R. and the medical evidence may be resolved. As a result, the application for grant of bail before arrest to the petitioner is dismissed.
Petition dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer