Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.324, 337-A(i), 337-F(vi), 337-E & 34---Attempt to commit qatl-i-amd, causing shajjah-i-khafifah, munaqqilah, ghayar-jaifah, common intention---Bail, grant of---Accused was named in the FIR with the role to have fired upon the complainant along with fire shots attributed to co-accused, but said fire shots were fired simultaneously; which needed examination of the complainant as to when the fire shots were fired at the same time by accused and co-accused and that, how the complainant had witnessed the fire shots of accused having been hit by shot on his right knee---Medical report showed that the injuries sustained by the complainant, were of the type 'ghayar-jaifah munaqqilah and shajjah-i-khafifah', which entailed punishment of Daman and could also be punished with imprisonment of either description for a term which could extend to two and seven years respectively as Tazir---Question as to whether accused had intention to kill the complainant was yet to be established---Co-accused who had already been enlarged on bail, had also fired upon the complainant, whose fire shots were stated to be ineffective---Matter to determine was as to why the accused was selected as choice for effective firing upon the complainant---Acquittal or conviction was always based on the evidence to be adduced by the prosecution; absolute right rested with the Trial Court, yet, when there were reasons to believe that the punishment could not fall within the prohibitory clause of S.497, Cr.P.C., then such an accused was entitled to the concession of bail---Accused was enlarged on bail, in circumstances. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, J.--- On many folded reasons, the learned Additional Sessions Judge-I/Izafi Zila Qazi Dir Upper while disposing of B.A. No. 134/IV of the year 2017 titled as "Nakaf Khan v. The State and another" observed that an accused being charged in the FIR with certain specific role being given to him of firing upon the complainant. The medical report is in consonance with the version of prosecution, there are reasonable grounds to believe that the offence with which…

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