Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.324---Attempt to commit qatl-i-amd---Bail, grant of---Further inquiry---Complainant had sustained two simple injuries on non-vital parts of his body---Intention of accused and application of S.324, P.P.C., in case of accused, were matters of further inquiry, which were yet to be determined by the Trial Court, after recording the evidence---Non-recovery of blood, the crime empty and motorbike of the complainant, was another circumstance, which made the case of accused arguable for the purpose of bail---Investigation in the case was complete, and accused was no more required for further investigation---Keeping accused behind the bars, in circumstances, would serve no useful purpose; because bail could not be withheld as a punishment----Bail, granted to the accused in circumstances. Umar Hayat v. The State and others 2008 SCMR 1621; Muhammad Altaf Khan and 2 others v. The State 2011 PCr.LJ 1635 and Khan Zada v. The State 2012 PCr.LJ 1883 rel. JUDGMENT ASSADULLAH KHAN CHAMKANI, J.---Petitioner Dilawar Khan, who is refused bail by two Courts below, through this further application, seeks concession of bail from this Court in case FIR No.282 dated 6-7-2014, registered under section 324, P.P.C. at Police Station Karak. 2. On 6-7-2014 at 1900 hours, complainant Rehmat Ullah, in injured condition, reported to Yousaf Khan S.I., in emergency room of KDA hospital Karak that on the fateful day he took Ice to his house on motorbike of one Asim whereafter, he was on his way back on the said motorbike and when reached the place of occurrence at 1815 hours, accused Dilawar Khan present there opened fire at him with intention to commit his Qatl-e-Amd, resultantly, he was hit on his left thigh and right knee. Motive behind the occurrence is stated to be an altercation inter se the complainant and son of accused Dilawar Khan, namely, Naqebullah. 3. Learned counsel for the petitioner argued that petitioner is innocent and has been falsely implicated in the case; that complainant has not mentioned the kind of weapon in his report; that injuries on his person are simple and on non-vital part; that had…

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