| Citation(s) |
|---|
| 2016 SLG 3217 2016 SLD 3217 2016 MLD 1370 |
Cr. Misc. No. 61 of 2016, decided on 29th April, 2016. Date of hearing: 29th April, 2016.
MALIK HAQ NAWAZ, JUSTICE
Burhan Wali and Saddat Ullah for Petitioner. Malik Sherbaz, Dy. A.G. for the State. Imtiaz Hussain and Shahzad Iqbal for the Complainant.
SADDAM - ER
VS
THE STATE - --Respondent
Law:
Section:
Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Penal Code (XLV of 1860), S.324 --------- Pakistan Arms Ordinance (XX of 1965), S.13 --------- Attempt to commit qatl-i-amd, possessing unlicensed arms --------- Bail, refusal of --------- Accused was directly charged for opening fire arm shots on the victim in promptly lodged FIR --------- Injury on person of victim had been declared as grievous by the Medical Officer --------- One .30 bore pistol had been recovered on the pointation of accused in presence of witnesses of the locality --------- Victim and accused were cousins inter se; and no valid reason had been shown by the defence for false implication of accused, in the crime --------- When mind of the court was satisfied, that the manner of occurrence, and the other details collected during investigation coincided with the story put forth by the prosecution and prima facie connected accused with the offence, concession of bail should not be allowed --------- When a fire-arm was shot targeting on vital part of the body, if the victim luckily survived, accused could not be rewarded concession of bail, only for the reasons that the shot did not prove fatal --------- Accused having failed to make out a good case for grant of bail, bail was declined. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:---------- The petitioner/accused was booked for the above offences vide FIR No. 12/16 of Police Station Airport Gilgit lodged on the complaint of one Nasir Ud Din son of Ghulam Mustafa, who is also victim of this unfortunate incident. 2. The petitioner/accused applied for bail after arrest before the learned Addl. Sessions Judge, which was declined vide order/judgment dated 11.04.2016 and being not satisfied from the judgment/order of the learned Addl. Sessions Judge, he has approached this Court for the concession of bail. 3. The learned counsel for the petitioner/accused submitted that Section 324, P.P.C. is not attracted in the case and the injury sustained by the victim does not fall within the ambit of prohibitory clause of Section 497, Cr.P.C. Per learned counsel there is a delay of one hour in lodging the FIR and this time has been…
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