Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 324,334,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 324, 334 34---Attempt to commit qatl-i-amd, itlaf-i-udw and common intention---Bail, cancellation of---Recovery of crime weapon---Positive report of Forensic Laboratory---Scope---Prosecution case was that the accused and co-accused fired at the complainant party as a result of which two persons sustained injuries and left leg of one of them was amputated---Accused and his co-accused were specifically charged in the crime report for causing bullet injuries to the brothers of complainant---Medico-legal report fully supported the version of complainant---Occurrence was also witnessed by neutral witnesses---Injury sustained by one of the victims was on vital part of his body---12 bore rifle was recovered from the personal possession of accused at the time of his arrest and it was sent to the Forensic Laboratory along with the crime empties, recovered from the spot, its report was received in positive---Impugned order reflected that it was not a speaking order---Petition for cancellation of bail was allowed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Bail, cancellation of---Scope---Courts are always slow to cancel the bail, already granted by the court of competent jurisdiction, however, if proper grounds do not exist then the bail is liable to be cancelled. JUDGMENT SHAKEEL AHMAD, JUSTICE:---.--- This petition has been moved by Muhammad Rizwan, complainant, for cancellation of post arrest bail granted to accused-respondent Gulfam in Crime No. 162 dated 07.08.2019 registered under Sections 324/334/34 P.P.C. read with Section 15 of the Khyber Pakhtunkhwa Arms Act, 2013 at Police Station Kaghan. 2. The allegation against the accused-respondent is that on 07.08.2019 at 19:30 hours he along with his co-accused fired at the complainant party, as a result of which, Naseem and Ashfaq sustained bullet injuries and left leg of Ashfaq was amputed. Vide order dated 10.10.2019 respondent was allowed post arrest bail by the learned Additional Sessions Judge Balakot, hence, this petition. 3. I have heard the arguments of learned counsel for the parties and…

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