Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324,337-D

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324 & 337-D---Attempt to commit qatl-i-amd, hurt---Bail, grant of---Further inquiry---Accused was singularly and directly charged in FIR for making effective firing at complainant party due to which nephew of complainant sustained injuries---Investigating Officer recovered nine empties from the place of occurrence which were sent to the Forensic Science Laboratory---According to Fire Arms Expert report said empties were fired from different weapons which certainly raised a question as to whether the act was the doing of one person or more---Medico Legal Certificate of the victim suggested that he sustained wound on the back side of chest and in that way the Medico Legal Certificate did not support the case of prosecution---Mere abscondance was not a conclusive proof of guilt of accused person---Accused had made no confession before the competent court nor any weapon of offence had been recovered from his possession or at his instance and pointation---Accused was behind bars since a year and no more required to the local police for further investigation and keeping him behind bars would serve no useful purpose---Bail was granted accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Abscondance---Scope---No doubt abscondance was a relevant fact but it could be used as a corroborative piece of evidence which could not be read in isolation but had to be read along with substantive piece of evidence. Rohtas Khan v. The State 2010 SCMR 566 and Rahimullah Jan v. Kashif and another PLD 2008 SC 298 rel. THIS JUDGMENT DELIVERED BY: ABDUL SHAKOOR, JUSTICE:---.--- Having failed to get the concession of bail from the Court of learned Sessions Judge, Karak vide order dated 02.5.2017, accused/petitioner Eid Badshah involved in case FIR No. 270 dated 14.4.2016 registered under sections 324/337-D, P.P.C. at Police Station Karak, District Karak, has filed the instant petition for the same relief. 2. Brief facts of the case, as narrated in the FIR, are that on 14.4.2016 at 0705 hours, injured Aqib Nawaz was brought to Emergency Room of K.D.A. Hospital, Karak who was not…

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