Law:

Section:

Criminal Procedure Code (V of 1898)---S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 324, 109, 148, 149, 337-A(i), 337-A(ii), 337-F(iii), 337-F(v) & 337-L(2)---Constitution of Pakistan, Art. 185(3)---Qatl-e-amd, attempt to commit qatl-e-amd, abetment, rioting armed with deadly weapons, unlawful assembly, shajjah-i-khafifah, shajjah-i-mudihah, ghayr-jaifah-mutalahimah, ghayr-jaifahhashimah, other hurt---Petition for cancellation of bail, dismissal of---Case of cross-versions---Conflict between ocular and medical evidence--- Commencement of trial---Effect---Accused was alleged to have fired at the deceased during the occurrence---High Court granted bail to accused on the grounds that he had been assigned role of firing at different parts of deceased's body, but according to medical evidence there were only two injuries found on the body of deceased; that medical evidence was in clear conflict with the ocular version, and that since present case was one of cross-version, it was appropriate to facilitate both sides by granting them bail---Validity---Prima facie there were elements of conflict between the ocular account and medical evidence---Both sides had been sent up for trial, which indicated that investigating agency had left the question of as to who was the aggressor to the Trial Court---Statements of prosecution witnesses had already been recorded and trial had commenced---Any expression of opinion (by the Supreme Court) at present stage was likely to prejudice the case of either side---By way of judicial propriety Supreme Court refused to interfere with the discretion exercised by the High Court in granting bail to the accused---Petition for cancellation of bail was dismissed accordingly. Muhammad Ismail v. Muhammad Rafique PLD 1989 SC 585 rel. ORDER CRIMINAL PETITION NO. 330-L OF 2013 TASSADUQ HUSSAIN JILLANI, J.---Petitioner/complainant seeks cancellation of bail granted to the respondents Muhammad Kashif Rasool and Abbas vide the order dated 13-3-2013 passed by the learned Judge in Chamber of the learned Lahore High Court, Lahore in the case registered vide F.I.R. No. 262 dated 28-5-2012 under sections 302/324/337-A(i) / 337-A(ii) / 337-F(iii) /…

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