Law: Criminal Procedure Code (V of 1898)

Section: 161,497,497(2)

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860, Ss. 302/324/148/149--Post arrest bail-Grant of--Injury attributed on non vital part of deceased--Empties recovered from spot did not match with recovered weapon--Petitioner fired with Kalashnikov which hit deceased on his right elbow and went out through right upper arm--Co-accused who was armed with a Kalashnikov, made first fire shot at deceased on left temporal region and while deceased had fallen down, co-accused of petitioner, made second fire shot with his Kalashnikov which fire hit on back of deceased--These two injuries, attributed to co-accused of petitioner, were opined as being the cause of the death by the Medical Officer--Petitioner was assigned the role of causing single fire-arm injury on the right elbow of the deceased which is non-vital part of the body--In P.M.R., no opinion was given as to the nature of injury allegedly caused by the petitioner by the Medical Officer, neither it was opined that the same had contributed, in any manner, towards causing death of deceased-Crime empties recovered from place of occurrence did not match with Kalashnikov rifle allegedly recovered from possession of petitioner--Motive of occurrence is not attributed to petitioner--Injured witness did not nominate petitioner in his statement recorded during investigation of case u/s. 161 CrPC--Investigation qua him is complete and his person is no more required for further investigation--Petitioner was assigned role of causing firearm injury on non-vital part of body his case is distinguishable from other accused--Matter regarding his involvement and extent to which he is liable can be seen only after recording of evidence--Petition is accepted. 2008 SCMR 1436; 2017 SCMR 1939, ref. THIS ORDER PASSED BY: SADIQ MAHMUD KHURRAM, JUSTICE---.--- Through the instant petition under Section 497, Cr.P.C the petitioner namely Mehboob is seeking post-arrest bail in the case FIR No.254 of 2018 dated 21.04.2018 registered at with Police Station Fazilpur, District Rajan Purt, in respect of offences under Sections 302, 324, 148 and 149, PPC. 2. The allegation as against the petitioner, culled from the…

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