Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 148,149,324

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324/148/149---Attempt to commit qatl-e-amd, rioting armed with deadly weapons, unlawful assembly---Bail, refusal of---Accused allegedly fired at the complainant party as a result of which a fire-shot hit the injured victim on his calf---Prior to present F.I.R. another case was lodged against the accused, wherein complainant was a witness---Another F.I.R. was registered against accused for firing at the house of the complainant---Apparently accused and his companions were after the complainant, who was a witness against them in another case, and intended to hunt him down at any cost so as to stop him from deposing against them---Although accused did not repeat fire-shot and did not aim at vital part of victim's body, but he could not be given any premium for poor-marksmanship---Trial had commenced and prosecution witnesses were appearing before Trial Court regularly---Substantial progress in the trial was hampered by the defence side---Bail application of accused was dismissed in circumstances. THIS ORDER PASSED BY: SHAHID HAMEED DAR, JUSTICE:---.--- Mushtaq Ahmad (petitioner) seeks bail after arrest in case F.I.R. No.109 of 2012 dated 10-2-2012 registered for offences under sections 149, 324, 148, P.P.C. at Police Station Civil Line (Gujrat). 2. Precisely, the allegation against the petitioner is that he being armed with rifle .99 MM, in the company of his armed co-accused launched an attack during the course of which, petitioner fired a shot which landed at the left calf of Muhammad Zahid. The motive relates to previous litigation between the parties. 3. The MLR of Muhammad Nawaz injured reveals one firearm injury on the 'left middle leg, medial side' which was declared as Ghayr-jaifah mutulahimah (337-F(iii), P.P.C.), punishable with three years imprisonment. 4. Learned counsel for the petitioner submits that the petitioner did not cause any injury on the vital part of the body of the injured and in such a situation, application of section 324, P.P.C. is open to a serious question; the petitioner was taken into custody on 30-3-2012 and he has been languishing in jail ever-since.…

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