Law:

Section:

Criminal Procedure Code (V of 1898)--------- ----------S. 497(2)---------Penal Code (XLV of 1860), Ss. 302, 324, 337-F(iii), 148 & 149---------Qatl-i-amd, attempt to commit qatl-i-amd, causing Mutalahimah, rioting, common object---------Bail, grant of---------Further inquiry---------Accused, though was named in the FIR, but, he had not caused any injury to the deceased---------Question of sharing common intention with co-accused, would be determined by the Trial Court at the time of trial---------Injury attributed to accused fell within the ambit of S.337-F(iii), P.P.C., which offence carried maximum punishment of three years, and did not fall within the prohibitory clause of S.497, Cr.P.C.---------Accused having not repeated the fire-shot, question, whether provisions of S.324, P.P.C., to the extent of accused, were attracted in the case or not, would be determined by the Trial Court---------Pistol was recovered from accused, but no report of Forensic Science Laboratory regarding matching of crime empties was on record---------Accused was previous non-convict, never involved in any criminal case---------Accused was behind the bars since his arrest i.e. 1-1-2015; investigation qua him was complete---------Mere heinousness of offence, was no ground to withhold discretion of post-arrest bail in favour of accused---------Case against accused calling for further inquiry into his guilt was covered by subsection (2) of S.497, Cr.P.C.---------Accused, was admitted to bail, in circumstances. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:--------- Through this petition under section 497, Cr.P.C. Faisal alias Mithu petitioner has sought bail after arrest in case FIR No.1003/14, dated 14.12.2014 registered at Police Station Sadar, Sheikhupura in respect of offences under sections 302/ 324/337-F(iii)/148/149, P.P.C. 2. After hearing the learned counsel for the parties and going through the record of this case it has been noticed by this Court that this is bail after arrest and only tentative assessment is required at this stage. Although the petitioner is named in the FIR and role of causing fire-arm injury to Irfan, injured victim on his left thigh yet the fact…

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