| Citation(s) |
|---|
| 2017 SLG 2566 2017 SLD 2566 2017 YLR 2486 |
Lahore High Court
Criminal Miscellaneous No. 14505-B of 2016, decision Dated: 2-11-2016.
ABDUL SAMI KHAN, JUSTICE
Rai Muhammad Hussain Kharal for Petitioner. Irfan Zia, Deputy Prosecutor General for the State and Munir ASI with record.
Criminal Miscellaneous No. 14505-B of 2016, decision Dated: 2-11-2016.
ABDUL SAMI KHAN, JUSTICE
Rai Muhammad Hussain Kharal for Petitioner. Irfan Zia, Deputy Prosecutor General for the State and Munir ASI with record.
SHAHID
VS
THE STATE AND ANOTHER
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ---S. 497---Penal Code (XLV of 1860), Ss. 324, 337-F(vi), 337-F(iv), 109 & 34---Attempt to commit qatl-i-amd, hurt, abetment, common intention---Bail, grant of---Further inquiry---Although accused was named in FIR, yet there was one day's delay in registration of FIR---Role assigned to accused was that he had caused firearm injury on the back of right leg and admittedly had not repeated fire, therefore, question as to whether provisions of offence under S. 324 Penal Code, 1860 were attracted or not shall be determined by Trial Court after recording evidence---Rest of offences i.e. 337-F(iv) & 337-F(vi), P.P.C. did not fall within prohibitory clause of S. 497, Cr.P.C.---Maximum punishment was not to be considered while deciding bail application and sentence likely to be imposed was to be taken into consideration---Accused was previous non-convict and never involved in any other case of such like nature---Investigation of case was complete and accused was no more required for further investigation---No fruitful progress had been made in trial of accused---Case of accused was one of further inquiry covered by subsection (2) of S.497, Cr.P.C.---Bail was granted accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497--- Bail--- Scope--- Maximum punishment was not to be considered while deciding bail application and sentence likely to be imposed was to be taken into consideration. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 497, Cr.P.C. the petitioner has sought bail after arrest in case FIR No. 148/16 dated 29.03.2016 under sections 324, 337F(vi), 337F(iv), 34, 109, P.P.C., Police Station Rurala Road, District Faisalabad. 2. I have heard the learned counsel for the parties and have gone through the record with their able assistance. This is bail after arrest and only tentative assessment is allowed at this stage. It has been noticed that although the petitioner is named in FIR, yet the fact remains that there is one day's delay in registration of FIR which has not beenβ¦
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