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Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 324 & 34--Bail before arrest, confirmed--Ineffective firing--Evidentiary value of oral statement--Validity--Evidentiary value of oral statement of complainant that petitioner and his co-accused made ineffective firing upon him will be determined by trial Court after recording of evidence--In instant case falsely by complainant by throwing a wider net being brother of co-accused--I.O. present in Court submitted that accused had joined investigation but insistence of I.O. upon arrest of petitioner considering peculiarly circumstances of case shows his mala-fide. 1994 SCMR 1680, rel. THIS ORDER PASSED BY: SADAQAT ALI KHAN, JUSTICE The instant Criminal Misc. has been moved by the petitioner Muhammad Nawaz for grant of pre-arrest bail in case FIR No. 209 dated 20.3.2016 under Section 324/34, PPC Police Station, Bhikhi District Sheikhupura after the dismissal of the same by the Court below. 2. The precise allegation against the petitioners is that he along with his co-accused made ineffective firing upon Muhammad Noor complainant. 3. I have heard the learned counsel for the parties and perused the record. 4. According to the FIR, occurrence took place on 20.3.2016 at 7:00 a.m. whereas FIR was registered on 20.3.2016 at 6:30 p.m. with unexplained delay of about 12-hours which itself creates doubt in the prosecution story. 5. Admittedly, complainant has not received any injury during the occurrence. 6. Complainant stated in the FIR regarding motive of the occurrence as under:-- وجہ عناد رشتہ سے انکاری ہے۔ 7. Complainant has not given any detail of above mentioned motive. 8. Saeed Ahmad, real brother of the petitioner has been arrested and now has been released on post arrest bail. 9. Evidentiary value of oral statement of the complainant that petitioner and his co-accused made ineffective firing upon him will be determined by the trial Court after recording of the evidence. Reliance is placed on case titled Shafaqat alias Gunga and 2 others vs. The State (1994 SCMR 1680) in which Hon'ble Supreme Court of Pakistan has observed at page 1682 as…

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