Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,324

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.324/34---Bail, grant of---Further inquiry---Accused though was named in the F.I.R. with specific role, but during investigation he produced a large number of persons in support of his innocence and relying on the statements of said persons, the first Investigating Officer positively opined that case against accused was false---Investigation was then transferred to the another Investigating Officer, who opined that accused was guilty---Oath offered by accused was not accepted by the complainant---Difference of opinions between the two Investigating Officers, one in favour of accused and the other in favour of the complainant being on record, case of accused fell within the purview of further inquiry---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: ZAFAR IQBAL CHAUDHRY, J.--- Through this petition under section 497, Cr. P. C. Javed Akhtar petitioner seeks post-arrest bail in case F.I.R. No. 56, dated 10-3-2008 registered under section 324/34, P.P.C. at Police Station Sarai Muhajer District Bhakkar on the application of Tahir Ahmad. 2. The brief allegation in the F.I.R. is that the petitioner Javed Akhtar armed with .30 bore pistol, Muhammad Asad empty-handed, Muhammad Amjad armed with .30 bore pistol and Rizwan Ali empty-handed intercepted the complainant party and they raised a lalkara for teaching a lesson of the quarrel. Then Muhammad laved petitioner caused fire-arm injury to Muhammad Nadeem on his right shoulder. 3. Learned counsel for the petitioner submits that the petitioner has been involved in this case falsely on account of enmity with the complainant party; that during investigation the petitioner produced at least 50 persons before the DPO in the first investigation in his defence and also offered oath regarding his innocence but the complainant refused to take oath. I.O. on the said occasion before the DPO gave his opinion that he has produced 50 persons in his defence and also offered oath but the complainant has refused to take oath regarding his innocence and keeping in view the statement of the above-said 50…

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