Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,324

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 324 & 34--Further inquiry--Bail, grant of--Allegation of--Murderous assault--Common intention--Case of two versions--Petitioner was saddled with responsibility of making two fire shots causing injuries at right side of ribs (thorax) and right thigh of injured--Medico-legal certificate of said injured witness shows that injury sustained by him at chest was falling within ambit of Section 337-D, PPC and other injury at his right thigh was falling within ambit of Section 337-F(ii), PPC--Statement of injured witnesses was recorded with delay of 19-days, which prima facie renders it to be legally unacceptable--Admittedly, during investigation, nothing was recovered from petitioner's possession--Furthermore, during two successive investigations, it was found that petitioner was though present at place of occurrence yet empty-handed without playing any role whatsoever and one of co-accused was declared to be not involved in this case--It is a case of two versions, one put by complainant and eye-witnesses including injured one that petitioner had caused two fire arm injuries to injured witness and second one of investigating agency during two successive investigations wherein he was found present at place of occurrence empty-handed--Bail was allowed. SCMR 2017 486 & 2012 SCMR 1137, ref. THIS ORDER PASSED BY: ASJAD JAVAID GHURAL, JUSTICE---.--- Through this petition under Section 497, Cr.P.C., petitioner Kishwar Abbas Shah alias Kashi has sought post arrest bail in case FIR No. 425 dated 25.10.2017, in respect of offences under Sections 324 & 34, PPC, registered at Police Station,Daira Deen Panah District Muzaffargarh. 2. The allegation against the petitioner, as contained in the crime report, is that on 25.10.2017 at about 2:30 p.m., healongwith his co-accused, while armed with pistols, in furtherance of their common intention, had launched murderous assault upon Khadim Hussain, brother of the complainant and caused fire arm injuries on different parts of his body. Hence, this case was registered. 3. I have heard learned counsel for the petitioner, learned…

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