Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/ 324/ 109/ 148/ 149--- Qatl-e-amd, attempt to commit qatl-e-amd, abetment, rioting armed with deadly weapons---Bail, grant of---Further inquiry---Accused had not injured any of the deceased persons---Two firearm injuries, simple in nature, were attributed to accused on the lower part of the right and left leg of a prosecution witness, which were non-vital parts of his body---Motive was not assigned to accused---Although gun was recovered at the instance of accused, yet none of the crime empties secured from the spot were found to have been fired from the said gun---Accused was behind the bars for more than one year and eight months, but not a single witness had been examined by the Trial Court in the case so far---Trial was not likely to conclude in near future---Bail could not be withheld as punishment, if otherwise case of accused was found to be of further inquiry---Common intention of accused in the occurrence could only be determined at the trial---Accused was admitted to bail in circumstances. Liaqat Ali v. The State 2008 MLD 102 and Shafi Muhammad v. The State 2004 PCr.LJ 2002 ref. PLD 1992 SC 81 rel. ORDER SARDAR MUHAMMAD SHAMIM KHAN, J.---Through this petition, Akhtar Ali, petitioner seeks his post-arrest bail in a case registered against him vide F.I.R. No.163 of 2009 dated 14-4-2009 for the offences under sections 302, 324, 109, 148 and 149 of P.P.C. at Police Station Tibba Sultanpur, District Vehari. 2. According to F.I.R. on 14-4-2009 at about 11-00 a.m., co-accused persons Fahad, armed with gun, Umar Hayat armed with rifle committed the murder of Muhammad Javed, Shamshad Ali and Nazar Hussain, deceased, whereas allegation against Akhtar Ali (petitioner), Muhammad Nawaz, Mazhar Abbas, Safdar, Sarwar and 15-unknown persons was that they fired on the persons of Shaukat, Muhammad Imran and Riaz and caused them injuries. The specific allegation against the petitioner was that he inflicted injuries on the person of Muhammad Imran, P.W. 3. Learned counsel for the petitioner submits that petitioner did not cause any injury on the person of any of the deceased; that only…

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