| Citation(s) |
|---|
| 2016 SLG 1171 2016 SLD 1171 2016 SCMR 1246 |
Supreme Court of Pakistan
Crl. P. No. 355-L of 2016, decided on 18th May, 2016. DATE of hearing: 18th May, 2016.
UMAR ATA BANDIAL AND MANZOOR AHMAD MALIK, JJ
Ch. Nawab Ali Mayo, Advocate Supreme Court and Hashim Sabir Raja, Advocate Supreme Court for Petitioner. Tahir Aslam Qureshi, Advocate Supreme Court for
Respondent No. 2. Asjad Javed Ghurral, Additional P.G. for the State.
Crl. P. No. 355-L of 2016, decided on 18th May, 2016. DATE of hearing: 18th May, 2016.
UMAR ATA BANDIAL AND MANZOOR AHMAD MALIK, JJ
Ch. Nawab Ali Mayo, Advocate Supreme Court and Hashim Sabir Raja, Advocate Supreme Court for Petitioner. Tahir Aslam Qureshi, Advocate Supreme Court for
Respondent No. 2. Asjad Javed Ghurral, Additional P.G. for the State.
VS
The STATE and others......--Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Pakistan Penal Code, 1860
Section: 34,324,337A(i),337F(i),337D
Criminal Procedure Code (V of 1898).......... .......... Section 497(2).......... Penal Code (XLV of 1860), Sections 324, 34, 337-A(i), 337-F(i) & 337-D..........Attempt to commit qatl-i-amd causing firearm injury..........Bail, grant of..........Further inquiry..........Cross-version FIRs..........Incident occurred at the spur of moment after hot words were exchanged between parties in the course of a discussion..........Regarding the same incident, a cross version FIR was also registered wherein it had been alleged that complainant side, while armed with deadly weapons entered the house of the accused party, attacked a woman and also caused firearm injuries to another person..........Doctor had observed seven injuries on the woman allegedly attacked by the complainant side..........Prima facie, both the parties had given their own version qua the manner in which the incident took place..........Chances of suppression of real facts by both the parties could not be ruled out..........Trial Court had to determine, after elaborate evaluation of the evidence, as to which party was the aggressor and who was aggressed upon..........Challan in both the cases/FIRs had already been submitted in the Trial Court..........Case of the accused in such circumstances, became one of further inquiry falling within the ambit of S. 497(2), Cr.P.C...........Accused was granted bail accordingly. ORDER MANZOOR AHMAD MALIK, JUSTICE..........The petitioner seeks post arrest bail in case FIR No..270/15 dated 23.06.2015, offence under sections 324, 337A(i) 337F(i), 337D and 34, P.P.C., registered at Police Station Mustafa Town, Lahore. 2. Precise allegation against the petitioner, as contained in the FIR, is that he along with his co-accused, while armed with pistol, with intention to kill, fired at Muhammad Waqas (son of complainant) which fire hit him on his abdomen. 3. After hearing the learned counsel for the petitioner, learned counsel appearing on behalf of respondent No.2, learned Additional Prosecutor General Punjab and perusing the material available on record, we have noticed that the occurrence in this case took place on 22.06.2015 at 8.30 p.m. and as per FIR the incident…
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