Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), Ss. 324, 353, 148, 149 & 186---Anti-Terrorism Act (XXVII of 1997), S. 7---Constitution of Pakistan, Art. 185(3)---Firing upon a police party---Bail, grant of---Further inquiry---Absence of exit wound and fracture---No source of light mentioned in the F.I.R. for night identification---Accused was alleged to have fired at the complainant/police-official from a distance of 5 to 6 feet, causing an entry wound on the front shoulder, but Medico-legal Report showed that neither there was any exit wound nor any fracture---Absence of exit wound and fracture, prima facie showed that the shot was allegedly fired from a far off point, contrary to version in the F.I.R.---Further it was questionable as to why the raiding police party failed to react to the firing of the accused party---Occurrence took place in the night, but no source of light was mentioned in the F.I.R.---In such circumstances case was one of further inquiry---Accused was admitted to bail accordingly. [Minority view]. Per Anwar Zaheer Jamali, J.; disagreeing with Iqbal Hameedur Rahman, J. [Minority view] (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.324, 353, 148, 149 & 186---Anti-Terrorism Act (XXVII of 1997), S. 7---Constitution of Pakistan, Art. 185(3)---Firing upon a police party---Bail, refusal of---F.I.R. was promptly lodged within about one hour of the occurrence---Accused was nominated in the F.I.R. with a specific role of making direct firing upon the complainant/police-official---Complainant suffered a serious injury on his shoulder, which was a vital part of the body, and he had no ulterior motive to spare the actual culprit and falsely implicate the accused---Injury sustained by complainant was fully supported from the medical and X-ray reports, which revealed that a piece of metal was found in the left shoulder of the complainant---Eye-witnesses of the occurrence, whose presence at the spot was admitted, had fully supported the prosecution case---Offence alleged against accused fell within the prohibitory clause of S. 497(1), Cr.P.C.---Recovery of crime weapon…

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