Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,324

Criminal Procedure Code (V of 1898)---.--- ---.----S. 497(2)---.---Penal Code (XLV of 1860), Ss. 324 & 34---.---Attempt to commit qatl-i-amd and common intention---.---Bail, grant of---.---Further inquiry---.---Accused inflicted injuries on the non-vital parts of body of injured and he exercised restraint despite having full opportunities to settle his score---.---Intention to kill which was a basic ingredient to attract the provisions of S.324, P.P.C. was lacking in the present case---.---Injuries caused by the accused were not life threatening which did not fall within the prohibitory clause of S. 497, Cr.P.C.---.---Case of the accused was of further inquiry---.---Where case was of further inquiry, concession of bail though being discretionary could not be denied on any flimsy ground rather it would become right of an accused---.---Law had to be stretched in favour of accused for the purpose of bail and not in favour of prosecution---.---Accused was admitted to bail subject to furnishing bail bonds in the sum of Rs.5,00,000/- with two sureties each in the like amount to the satisfaction of Trial Court---.---Bail was allowed in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- By means of this petition accused/petitioner seeks bail on the charges under section 324/ 34, P.P.C. and 13 A.O. vide FIRs Nos.64/ 15 and 65/15 respectively lodged in Police Station Basin Gilgit. 2. The petitioner/accused remained unsuccessful to secure bail from the Court of learned vacation/Sessions Judge Gilgit, vide order dated 18.01.2016 as two of co-accused namely Sher Nawaz and Saleem were released on bail by the same judgment. 3. The learned counsel for the petitioner submitted at bar that the provisions of section 324, P.P.C. are not attracted in the instant case. The injury attributed to the petitioner are not on the vital part of the body and if the attributed knife injuries are admitted to have been caused then the case of the petitioner falls within the purview of Section 337F(ii), for which the punishment provided is 03 years, which does not fall within the prohibitory clause of section 497, Cr.P.C. Further that the petitioner is first offender, no…

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