Law: Pakistan Penal Code, 1860

Section: 337A(iii)

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Criminal Procedure Code (V of 1898)---.--- ---.----S. 497(2)---.---Penal Code (XLV of 1860), S.337-A(iii)---.---Causing Shajjah-i-Hashimah, common intention---.---Bail, grant of---.---Further inquiry---.---Soon after submitting the written report, the Police, instead of chalking out FIR, endorsed said report in Roznamcha; and chalked out FIR after about two months after receipt of Medical Report regarding the nature of injury that complainant had allegedly received---.---Such delay of lodging FIR and waiting for doctor's report, was not justified---.---Punishment of 'Arsh' for the offence under S.337-A(iii), P.P.C., was purely discretionary; and the court could award the same according to circumstances of each and every case---.---Occurrence, was result of a quarrel, which occurred at the spur of moment---.---Accused was, neither habitual offender, nor the occurrence appeared premeditated---.---Was yet to be determined, as to whether punishment of "Arsh", would be sufficient, or the Trial Court would resort to additional punishment of imprisonment---.---Circumstances in which the prosecution had recorded the prosecution evidence, had rendered the case, as a case of further inquiry---.---Bail was granted. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:---.--- This is a bail petition for grant of bail facility to the petitioner in connection with occurrence reported through FIR No. 27/2015 of Police Station Tangir, District Diamer. 2. Petitioner, who is involved for the offences of sections 337-A(iii)/34, P.P.C., booked through FIR No. 27/2015 dated 21-10-2015 of Police Station Tangir, seeks his release on bail through this petition. Previously petitioner moved similar bail petition (B.A. No. 86/15), before the Court of Session Diamer, who through his order dated 18/12/2015, refused to grant the bail facility, holding that:-- "1 ...... 2. Brief facts of the case according to the FIR are that accused/petitioner caused injury at the nose of complainant Charaguddin with a stone. Accused/petitioner is directly nominated in the FIR and offence under section 337-A(iii) provides 10 years imprisonment, therefore, accused/petitioner is not entitled for the concessions. 3.…

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