Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,324

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497-Pakistan Penal Code, 1860, Ss. 324/34--Bail after arrest, grant of-Furhter inquiry--Allegation of--Shajjah-e-Khafifah--There is one day delay in lodgment of FIR; role attributed to applicant in commission of incident is only to extent that he caused lathi blow to PW, such injury has been declared to be 'Shajjah-e-Khafifah' in its nature by medical officer concerned, which is bailable--In that situation, participation of applicant in commission of incident on point of vicariously liability obviously is calling for its determination at trial--In these circumstances, applicant is found entitled to be released on bail on point of further inquiry. THIS ORDER PASSED BY: IRSHAD ALI SHAH, JUSTICE---.--- It is alleged that the applicant with rest of the culprits in furtherance of their common intention caused fire shot and lathi blows to PW Rahib Ali with intention to commit his murder, for that the present case was registered. 2. On having been refused post-arrest bail by learned Additional Sessions Judge Ubauro, the applicant has sought for the same from this Court by way of instant bail application u/S. 497, Cr.P.C. 3. It is contended by learned counsel for the applicant that applicant being innocent has been involved in this case falsely by the complainant party; there is delay of one day in lodgment of the FIR, the role attributed to the applicant in commission of incident is only to the extent of causing lathi blow to PW Rahib Ali. By contending so, he sought for release of the applicant on bail on the point of further…

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