Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 324/148/149---Attempt to commit qatl-e-amd, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Accused persons were alleged to have fired at the complainant party---Alleged motive of the occurrence was refusal to give hand of a girl in marriage to the accused side---Five accused persons were charged for effective firing at the complainant party but no specific role had been attributed to anyone---Role of firing had simultaneously been attributed to all five persons but only a single injury had been caused to three victims and that too on non-vital parts except for one---Only one empty was recovered from the spot, which indicated that charge had been exaggerated---Accused persons had not repeated fire shot despite the fact that victims were at their mercy, which cast doubt on their intention to kill the complainant party---Factum of intention to commit murder of the victims required further probe---Investigation in the case had already been complete and accused persons were no more required for further investigation---Accused persons were admitted to bail, in circumstances. JUDGMENT ASSADULLAH KHAN CHAMKANI, J.---Through the present petition, petitioners (1) Moin Hussain (2) Taimur Hussain (3) Jehangir Ali (4) Hafeez Hussain and (5) Shan Ali sons of Arbab Hussain seek bail in case F.I.R. No.441 dated 28-5-2012 registered for offence under sections 324/148/149, P.P.C. at Police Station City District Hangu. 2. The complainant Ghanzafar Ali while reporting the crime in the emergency room of Civil Hospital Hangu alleged that his father had returned from Iran and people were coming for his congratulation when in the meanwhile the accused Moin Hussain, Taimur Hussain, Jehangir Hussain alias Jehangir Ali, Hafeez Hussain and Shan Ali all sons of Arbab Hussain emerged on the scene and fired at us with which he, their father Hasrat Hussain and Ashraf Hussain were hit and sustained injuries where after all the accused fled away from the spot. Motive for the occurrence was stated to be their refusal to give hand of a girl to the accused. 3. Learned…

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