Law:

Section:

Criminal Procedure Code (V of 1898)--------- ----------S. 497(2)---------Penal Code (XLV of 1860), Ss.324, 337-F(ii), 337-A(i), 382, 148 & 149---------Attempt to commit qatl-i-amd, causing badiah, Shajjah-i-Khafifah, theft after preparation made for causing death, hurt or restraint, rioting, common object---------Bail, grant of---------Further inquiry---------Complainant, had not sustained any firearm injury---------Two injuries, one on right hand and the other on ear of the complainant, had been observed by the Medical Officer to be result of sharp weapon---------Role of giving dagger blows and firing, had been simultaneously assigned to four persons including accused---------Three, co-accused, whose role was identical to that of accused had been granted bail, against which no petition for cancellation of bail had been filed, either by the State or complainant---------Accused would also be entitled to bail on the principle of consistency---------Only ground which prevailed before the Trial Court while declining bail to accused was that in the site plan, the role of fatal dagger blows had been attributed to accused---------Such aspect of the case, when no such role, had been given to accused in the report, would by itself make the case of accused arguable for the purpose of bail---------Keeping in view the let off, of the complainant, who was in the clutches of four accused, intention of accused to kill, applicability of S.324, P.P.C., was yet to be determined during trial after recording evidence---------Punishment of other offences with which accused was charged, did not fall within the prohibitory clause of S.497, Cr.P.C.---------Accused, was admitted to bail, in circumstances. THIS ORDER PASSED BY: ASSADULLAH KHAN CHAMKANI, JUSTICE:-------------- Being unsuccessful before the two courts below to get the concession of bail, petitioner Peer Wahid Shah, through this further petition, seeks the same concession from this Court in case FIR No.413 dated 21.08.2015, registered under sections 324/337-F(ii)/337-A(i)/382/148/149, P.P.C., in Police Station Jungle Khel Kohat wherein he along with co-accused Riaz ud Din, Amjid ud Din and Wajjad ud Din, is charged for…

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