Law: Criminal Procedure Code (V of 1898)

Section: 347,497(1)

Law: Pakistan Penal Code, 1860

Section: 34,337-A(i),337-A(iii),337-L(2)

Criminal Procedure Code (V of 1898)--- ----Ss. 497(1) & 347--- Penal Code (XLV of 1860), Ss. 337-A(i), 337-A(iii), 337-L(2) & 34--- Shajjah-i-hashimah and common intention---Bail, grant of---Further inquiry---Maximum punishment---Two inferences---Scope---Held, while deciding bail petition, not the maximum punishment but the punishment likely to be awarded to the accused according to the facts and circumstances was to be considered---Offence with which accused was charged was triable by Section-30 Magistrate who could award punishment up to seven years only---Question whether it was a fit case to be sent to the Court of Sessions under S. 347, Cr.P.C. for maximum imprisonment of ten years or not would be determined by Trial Court after recording evidence---When there were two inferences, the one which favoured the accused was to be drawn---Matter being of further inquiry into the guilt of accused as envisaged under S. 497(2), Cr.P.C., accused was admitted to bail. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 497, Cr.P.C. the petitioner Muhammad Irfan Shahzad has sought post-arrest bail in case FIR No.462/2017, dated 09.08.2017 under sections 337-A(iii), 337-A(i), 337-L(2), 34, P.P.C. registered at Police Station Satellite Town, Jhang. 2. The arguments advanced by learned counsel for the parties have been heard and the record of this case has been perused with their able assistance. This is bail after arrest and deeper appreciation of evidence is not allowed at this stage. It has been noticed by this Court that there is a delay of twelve days in registration of the FIR, which has not been explained by the complainant, which prima facie shows that the FIR has been got registered after due deliberation and consultation. As per FIR, the role attributed to the present petitioner is that he gave blow of Sota on the nose of complainant which injury has been declared by the doctor as 'shajjah-i-hashimah' and falls under section 337-A(iii), P.P.C. I may observe here that while deciding bail petition, maximum punishment is not to be considered and the…

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