Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302 & 337-H(2)---Qatl-e-amd, rash or negligent act---Bail, grant of---Further inquiry---Contention of accused that delay of more than one month in recording of F.I.R. was fatal, was repelled because such delay was satisfactorily explained---Accused was not alleged to have caused any fire-arm injury to the deceased---All that the accused alleged was that he was armed with a double barrel gun and he fired at the complainant and his brother, but missed---Case, in circumstances was at the most of ineffective firing and the one where no injury was alleged to have been caused to the deceased or to any one else---Accused was found innocent during investigation and was let off by Police---Case of further inquiry was made out, in circumstances---Accused himself had approached the Trial Court and filed application for bail before arrest---Contention of counsel for complainant that there was common intention, was not sufficient at bail stage to refuse facility of bail, because common intention in such like cases could be gone into after recording evidence---Accused was admitted to bail, in circumstances. Karim Hyder and another v. The State 1986 SCMR 938; Muhammad Ilyas v. Aijaz Ahmed Butt and another 1992 SCMR 1857 and Ghulam Nabi v. The State 1996 SCMR 1023 distinguished. Faraz Akram v. The State 1999 SCMR 1360; Muhammad v. The State 1998 SCMR 454; Nasrullah Khan v. The State 2007 PCr.LJ 797 and Mitho Pitafi v. The State 2009 SCMR 299 rel. Abdul Rauf v. The State PLD 1996 Kar. 372 ref. ORDER SHAHID ANWAR BAJWA, J.---F.I.R. No. 135/2009 was recorded at Police Station, Khanpur Mahar on 27-7-2009 for an incident alleged to have taken place on 24-06-2009. Complainant stated that on 24-6-2009 at about 9 a.m. he went for grazing his cattle and left his daughter, wife and brother at his home. At about 10-00 a.m. he heard two fire reports from his house. He rushed to his house and saw two co-accused persons armed with K.K, present applicant armed with a double barrel gun standing in his house. Co-accused Muhkamuddin had caught hold of his daughter by her hair and stated that if deceased Gul…

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