Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 33,324

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.324 & 33---Attempt to commit qatl-i-amd, common intention---Bail, refusal of---Report, in the case was lodged after more than twelve hours of the occurrence---Complainant, had charged accused along with his co-accused for commission of the offence---Occurrence, in addition to the complainant, was stated to have been witnessed by other inmates of the house---Specific motive behind the offence existed which was stated to be a dispute on women folk---Injury on the person of father of the complainant, was on vital part of his body---Mere fact that allegations were general in nature as the injuries were not specifically attributed to either of the two accused, would not make the case of accused, one of further inquiry---Petition for grant of bail, was dismissed, in circumstances. JUDGMENT SYED AFSAR SHAH, J.---Involved in case FIR No. 215 dated 29-6-2014 under sections 324/34, P.P.C. of police station City D.I. Khan, accused/petitioner Ayaz applied for his post arrest bail to the court of learned Senior Civil Judge D.I. Khan but the same was refused to him vide order dated 5-7-2014, whereafter, he took the matter to the court of learned Additional Sessions Judge-V D.I. Khan, but with no premium to him and now he has come to this court for the same relief. 2. The allegations against the accused/petitioner as per FIR referred to above are that on 29-6-2014 at about 1500 hours, Adil, the complainant, made a report to Muhammad Salim HC in the casualty of civil hospital Dera to the effect that on the day of occurrence he along with his father Imam Bakhsh and other house inmates were present in their house when in the meanwhile accused/petitioner along with his co-accused duly armed with pistols entered into their house and started firing at them, resultantly, Imam Bakhsh, his father, was injured and fell on the ground, whereas he himself luckily escaped unhurt. Both the accused after commission of the offence fled away from the venue of crime. The occurrence in addition to the complainant is stated to have been witnessed by other inmates of the house. Motive behind the offence as stated…

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