Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Pakistan Penal Code, 1860

Section: 34,324

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 324/34---Attempt to commit qatl-e-amd, common intention---Bail, grant of---Further inquiry---Non-repetition of fire---Injury on non-vital part of body---Ocular version contradicting medical report---Effect---Allegation against accused was that he fired at the victim due to a monetary dispute---Record showed that monetary dispute did exist between accused and complainant---Victim, complainant and prosecution witnesses stated that injury was caused on victim's thigh, but medical report revealed that same was caused on victim's buttocks---Such discrepancy created reasonable doubt and made prosecution case open to further probe---Alleged injury was on non-vital part of victim's body---Prosecution did not say that accused repeated fire shot upon the victim, even though he was at the mercy of accused---Accused was no more required for further investigation---Case was one of further inquiry and benefit of doubt could be extended to accused even at bail stage---Accused was admitted to bail accordingly. Muhammad Ayub v. Ubedullah and others PLD 2004 SC 479 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Benefit of doubt---Scope---Benefit of doubt could be extended in favour of accused even at bail stage. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE:---.--- Applicant Tashif Memon seeks post arrest bail in Crime No.97 of 2012 of Police Station Bhitai Nagar for offence under sections 324, 34 P.P.C. 2. Facts, leading to this application are that due to monetary dispute, accused Tashif Memon, Mukhtiar Khoso, Mushtaque Jamali and Adnan Shaikh, abused the complainant while accused Tashif Memon in violent behavior, caused straight fire shot upon Imran Khemtio, which hit him at his left thigh, thereafter applicant along with other accused escaped away. 3. Learned counsel for the applicant has inter alia contended that applicant has been booked due to money dispute with the complainant in false case; alleged injury attributed to the applicant is on thigh of complainant, which is not on vital part of the body; it is alleged that applicant has attempted to cause murder…

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