Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 148, 149 & 109---Qatl-e-amd, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Two versions provided qua role of accused---Complainant changing his initial version---Effect---Accused was alleged to have fired at the deceased---Complainant corrected his initial version and nominated accused with the role of general beating with a stick and attributed the fatal shot to the co-accused---Such second version given by complainant was never negated by him and he owned the same---Fact that scribe of application written on behalf of complainant had wrongly attributed role of firing to accused, whereas it was co-accused who had fired at the deceased, was found mentioned in zimini No.1, which was also recorded simultaneously with the F.I.R.---Prosecution witnesses made their statements under section 161, Cr.P.C. and mentioned that co-accused had fired at deceased and that accused was armed with a stick at the relevant time---During investigation weapon was recovered at instance of co-accused---Involvement of accused in the beating of deceased required further probe as body of deceased had only two injuries with a blunt weapon---Accused was admitted to bail in circumstances. Muhammad Abbasi v. The State and another 2011 SCMR 1606 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Case of two versions---Effect---Court should not exercise discretion in favour of accused merely on the ground that case contained two versions, rather the court should rely upon other material brought on record by the prosecution including F.I.R., statement of complainant under section 161, Cr.P.C as well as incriminating and circumstantial evidence for tentative assessment whether the accused was involved in the commission of the offence or not. Muhammad Abbasi v. The State and another 2011 SCMR 1606 rel. ORDER SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Saqib Ali petitioner seeks his release on bail in case F.I.R. No.233, dated 11-6-2012, registered under sections 302, 148 and 149, P.P.C. with Police Station Sadar Pasrur, District Sialkot. 2. As…

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