Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,324

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324 & 34---Attempt to commit qatl-i-amd, common intention---Bail, grant of---Two versions---Scope---Simple injury---Effect---No empties were recovered from the place of occurrence---Accused and other co-accused had allegedly opened fire indiscriminately---Record revealed that the injured sustained lacerated wound on his scalp which was described as simple by doctor---Firing was made by the accused with his Kalashinkov, but no empties were recovered from the place of occurrence---Counter FIR had been registered against the complainant by the brother of accused---Trial Court would determine, after recording of evidence, as to which of the two versions was correct---Accused was admitted to bail, in circumstances. Dr. Younus v. The State and another 2016 PCr.LJ 1746 and Muhammad Younus v. The State and another 2010 PCr.LJ 807 ref. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.--- Through Cr. Misc. B.A. No.290-B/2017, the petitioner Asif Iqbal son of Asif Rehman seeks post-arrest bail in case FIR No.317 dated 27.6.2017 registered under sections 324/34, P.P.C. at Police Station Karak. 2. The prosecution case as set forth in the FIR are that the complainant namely Ahmad Khan brought his injured nephew (Muhammad Iftikhar Khan) in emergency room of KDA Hospital, Karak, who was not in senses and reported the matter to the police that he along with his nephew Muhammad Iftikhar Khan was going to see Malik Hamzullah to say Eid Mubarak to him, when they reached near the house of the said Malik Hamzullah, in the meanwhile accused Asif Iqbal, Javed Iqbal sons of Aya Gul, armed with Kalashnikovs, appeared, and on seeing them accused Javed Iqbal raised a Lalkara and asked Asif Iqbal to kill them. On this accused Asif Iqbal, who was armed with Kalashnikov, opened firing with the intention to kill them, as a result of which his nephew Muhammad Iftikhar Khan was hit and fell on the ground and lost his senses, luckily, he escaped unhurt. The motive as alleged in the FIR is dispute over property. The complainant charged the accused for attempting at their lives. The prayer of the accused/petitioner…

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