Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.324, 336, 337(2), 337-N, 114, 147, 148 & 149---Attempt to commit qatl-i-amd, enforcement of Qisas for hurt, abetment, rioting, common object---Bail, grant of---Further inquiry---Earlier bail application, filed by accused was dismissed on the ground that crime against accused was punishable under S.336, P.P.C., which provided punishment for 10 years, falling within the prohibitory clause of S.497, Cr.P.C.---Punishment under S.336, P.P.C., was by way of payment of Arsh or Daman; and additionally High Court could award Tazir to the offender; but awarding of Tazir would be governed by the provisions of subsection (2) of S.337-N, P.P.C.---Court could have regard to the kind of hurt caused by accused in addition to payment of Arsh, award Tazir to accused who was previous convict, habitual, or hardened, desperate or dangerous criminal---Said conditions had not been satisfied in the case of accused---Counter case was amongst same parties in respect of the same incident---Contradiction existed with regard to time of occurrence in the FIR and in the provisional medico-legal certificate---FIR, was lodged under S.324, P.P.C. but the Trial Court while granting bail to other co-accused in the present matter, had observed that said section was not applicable---Even if S.324, P.P.C. was applicable to the case of accused, it was the matter which was to be determined at the trial; and punishment provided in said section did not fall within the prohibited clause of S.497, Cr.P.C.---Only eight empties were recovered, but no weapon of offence had been recovered---Grant of bail was a rule, whereas refusal was an exception, and bail could not be withheld as a punishment---Sufficient grounds were available in the case for further inquiry---Accused who had made out a case for admission of bail, was granted bail, in circumstances. Ali Muhammad v. The State PLD 2009 Lah. 312 and Shoaib Mehmood Butt v. Iftikhar-ul-Haq and 3 others 1996 SCMR 1845 ref. THIS ORDER PASSED BY: MUHAMMAD JUNAID GHAFFAR, JUSTICE:---.--- Through instant bail application, the applicant seeks bail in Crime No. 89/2013 registered…

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