Law: Criminal Procedure Code (V of 1898)

Section: 173,497(2)

Law: Pakistan Penal Code, 1860

Section: 109,147,148,302(b),354

Criminal Procedure Code (V of 1898)--- ----S. 497(2)--- Penal Code (XLV of 1860), Ss. 302(b), 354, 147, 148 & 109---Qatl-i-amd, assault or criminal force to woman with intent to outrage her modesty, rioting, rioting armed with deadly weapons, abetment---Bail, grant of---Further inquiry---According to the prosecution the accused was armed with a hockey stick and caused a blow with that stick near the nose of deceased---FIR itself showed that deceased was not the subject of the initial assault and it was the deceased himself who had interfered in a brawl already taking place between the accused and others on the one side and their adversaries on the other---Injury allegedly caused by the accused to the deceased had not proved fatal---Accused was not directly connected with the motive set up in the FIR---Hockey stick allegedly recovered from the custody of accused during the investigation was not stained with blood---Incident in issue prima facie appeared to be a result of a sudden occurrence developing at the spur of the moment and in the initial report under S. 173, Cr.P.C. the allegation levelled against the accused was in respect of an offence under S. 322, P.P.C. and not under S.302, P.P.C. but at some subsequent stage a challan was submitted for an offence under S. 302(b), P.P.C.---Accused had been arrested in connection with the present case more than a year ago and during the interregnum the investigation of the case had already been finalized and a challan has been submitted and, thus, physical custody of the accused was not required for the purposes of investigation---Case against the accused called for further inquiry into his guilt within the purview of S. 497(2), Cr.P.C.---Accused was granted bail accordingly. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- Criminal Miscellaneous Application No. 376-L of 2017 For the reasons mentioned in this miscellaneous application the same is allowed and the delay in filing of Criminal Petition No. 994-L of 2017 is condoned. Disposed of. Criminal Petition No. 994-L of 2017 2. Through this petition Muhammad Iqbal alias Bala Bandri petitioner has sought leave to appeal against the order dated…

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