Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 114,147,149,324,337-H(2)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.324, 114, 337-H(2), 147 & 149---Attempt to commit qatl-i-amd, abettor present when offence was committed, hurt by rash or negligent act, rioting, common object---Bail, grant of---Further inquiry---Parties had dispute with each other---Seven accused persons allegedly armed with lethal weapons came at the spot and only accused and co-accused made straight fires on the injured, who sustained only one injury at his right thigh, which was non-vital part of the body---None of culprits repeated fire though complainant and injured were at the mercy of accused persons; which prima facie indicated that they had no intention to commit murder--- Medical report showed that injured did not sustain any bone fracture---One and only injury sustained by the injured, fell within the purview of (Mutalahimah) under S.337-F(iii), P.P.C., which was punishable for Daman and imprisonment for 3 years---Section 337-F(iii), P.P.C. did not attract S. 497(1), Cr.P.C.---Prosecution, during the period of more than 7 months had failed to examine a single witness to substantiate the charge against accused---Investigation had already been completed, and accused was no more required to the Police---Further detention of accused, would not serve any useful purpose---No apprehension of tampering with the prosecution evidence existed---Court while examining the question of bail, had to consider the minimum aspect of the sentence, provided for the alleged offence in Schedule---Accused having succeeded to make out a case for grant of bail on the ground of further inquiry, he was granted bail, in circumstances. 2009 MLD 348; 2010 MLD 1052; 2000 PCr.LJ 1917; 1994 PCr.LJ 1769 and 1998 SCMR 500 ref. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:---.--- Through captioned post arrest bail application, applicant Shakeel Shah has impugned order dated 25.06.2015, passed by the Court of learned Additional Sessions Judge, Naushahro Feroze, whereby his earlier bail application was declined. 2. Necessary facts narrated in FIR are that complainant used to run a Hotel at Bus Stop Khahi Rahu, where on 08.07.2014, at 8.00 p.m., 7…

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