Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302 & 34---Qatl-i-amd, common intention---Bail, grant of---Complainant in F.I.R. had alleged that accused had fired hitting over the left eye of the deceased, but that injury was not available in the pictorial attached with the postmortem report---Pictorial showed that the injury was received by the deceased at the back of his head; and had exit from right eye brow of the deceased---Complainant, though made a supplementary statement charging attribution to accused within one hour, but there was possibility that within that time, the complainant after consultation and deliberation had changed the attribution just to bring it in line with the postmortem report---Complainant had also filed private complaint regarding the same occurrence, in which the seat of injury was at the back of the head of the deceased--- Accused was lying behind the bars in the State case without any trial, which detention could be termed as illegal and unjustified---Accused was facing trial in the private complaint, and was in detention since 12-3-2013, and there was no possibility of conclusion of the trial in near future---Accused was entitled for his release on post arrest bail---Accused, was admitted to bail, in circumstances. ORDER SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Shoaib alias Saba petitioner seeks his release on post arrest bail in case F.I.R. No.1309, dated 5-11-2012 registered under sections 302 and 34, P.P.C. with Police Station Sargodha Road, Faisalabad. 2. As per F.I.R. the petitioner while armed with pistol fired at the brother of the complainant hitting over the left eye due to which he fell on the ground and subsequently died. The complainant had witnessed the infliction of the injury at the person of his brother in the light available at the 'Kariana Store' situated nearby the place of occurrence. 3. Parties heard and record perused. 4. As per attribution made by the complainant in the F.I.R. the petitioner had fired hitting over the left eye of the deceased, which injury is not available in the pictorial attached with the postmortem report, which pictorial shows that the injury was…

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