Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.324, 109, 337-B, & 337-C---Pakistan Arms Ordinance (XX of 1965), S.13---Attempt to commit qatl-e-amd, abetment, Jurh and Jaifah---Bail, grant of---Further inquiry---Accused though was not named in the F.I.R., but during investigation he voluntarily confessed his guilt---Accused was behind the bars since 28-11-2012, date of his arrest---Accused, had not resorted to repetition of fire, and nothing incriminating had been recovered from him---No specific motive was alleged---Medical report revealed that complainant sustained injury on the left of neck and shoulder, which fell under the kind of "Jurh/Jaifa" falling under Ss.337-B, 337-C, P.P.C., entailing punishment of payment liable to Arsh, 1/3 of diyat, and imprisonment which could extend to ten years as Tazir---Nothing was on record to suggest that accused was either a previous convict or hardened, desperate or dangerous criminal---Accused who was no more required for further investigation, was entitled to bail---Case required further inquiry, accused was granted bail, in cir-cumstances. JUDGMENT WAQAR AHMAD SETH, J.---Petitioner Uzair Javed seeks his release on bail in case F.I.R. No. 434 dated 28-11-2012 under sections 324/109, P.P.C. and section 13 of the Arms Ordinance registered at Police Station Nawanshehr Abbottabad, as he has been refused bail by the courts below. 2. As per contents of F.I.R., on 28-11-2012 complainant Gulzar Khan lodged a report against unknown culprit for effectively firing at Majid with pistol, as a result of which he sustained injuries on his neck and mid left shoulder. Later on accused petitioner was interrogated and who confessed his guilt. 3. Learned counsel for the petitioner argued that petitioner has not been charged in the F.I.R. and the alleged confession has been extracted by using third degree methods. It was argued that nothing incriminating has been recovered from the petitioner and there is no direct or circumstantial evidence to connect the petitioner with the crime. It was argued that petitioner is behind the bars since the date of his arrest and no useful purpose would be served if…

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