Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Bail, grant of---Further inquiry---Accused along with co-accused persons allegedly fired at complainant party---Accused, in three consecutive investigations, was not assigned the role of causing injury to deceased, but was caused by co-accused who had been allowed bail by Trial Court on the basis of compromise---Charge under S. 302, P.P.C. was also deleted to the extent of present accused---Opinion of police though was not binding on the court of law, yet same could be taken into consideration while deciding bail application---Case of prosecution to the extent of accused, in view the contents of FIR and outcome of investigation, had become of two versions---Conflict existed between ocular and medical evidence---Accused was previous non-convict and behind the bars for eight months---Investigation of the case was complete and accused persons were no more required for further investigation---Further incarceration of accused would not serve any useful purpose---Case of accused became one of further inquiry covered by subsection (2) of S. 497, Cr.P.C.---Bail was granted accordingly. Ehsan Ullah v. The State 2012 SCMR 1137 and Syed Khalid Hussain Shah v. The State 2014 SCMR 12 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Bail, grant of---Further inquiry---Accused allegedly was present at the spot while armed with Kalashnikov but did not cause any injury to the deceased; no specific allegation of firing at the spot by said accused was levelled by complainant---Benefit of slightest doubt arising out of prosecution case could be given to accused even at bail stage---Question of sharing common intention for murder of deceased with co-accused persons would be decided by Trial Court after recording evidence---Accused was previous non-convict and behind the bars for eight months---Investigation of the…

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