Law:

Section:

Criminal Procedure Code (V of 1898)----- -----S. 497-----Penal Code (XLV of 1860), Ss.324, 114, 337-F, 337H, 148 & 149-----Attempt to commit qatl-i-amd, abettor present when offence committed, hurt by rash or negligent act, rioting, armed with deadly weapon, common object-----Bail, grant of-----Rule of consistency-----Scope-----Contention of accused was that he was falsely implicated in the FIR by complainant due to ulterior motive and co-accused had already been granted bail to whom an identical role had been assigned and in view of rule of consistency, accused also deserved for same concession-----Validity-----While examining the question of bail, court had to consider minimum aspect of sentence provided for alleged offence in the Schedule to Cr.P.C.-----Parties were already disputed to each other which was reflected from averments in the FIR-----None of the culprits repeated fire though complainant and injured were purely at their mercy, which prima facie indicated that they had no intention to commit murder of injured or complainant which controverted applicability of S. 324, P.P.C., and same required further probe-----Medical report showed that injured person did not sustain any bone fracture, thus, factum of one injury sustained fell within the purview of S. 337-F, P.P.C., which was punishable for imprisonment for 3 years and same was not attracted by restraining clause of S. 497, Cr.P.C.-----Co-accused had already been granted bail by High Court to whom an identical role was assigned and on the rule of consistency, accused was also entitled for same concession-----Bail was granted, accordingly. 2009 MLD 348; 2010 MLD 1052; 2000 PCr.LJ 1917; 1994 PCr.LJ 1769 and 1998 SCMR 500 rel. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:----------- Through captioned post arrest bail application, applicant Syed Nazar Ali Shah has impugned order dated 04.09.2015, passed by the Court of learned Additional Sessions Judge, Naushahro Feroze, whereby his earlier bail application was declined. 2. Necessary facts narrated in FIR are that complainant use to run a Hotel at Bus Stop Khahi Rahu, where on 08.07.2014, at 8.00 p.m., 7 armed persons came and on instigation of…

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