Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 148,149,324,337D,337-F(ii),337-F(iii)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324, 148, 149, 337-D, 337-F(ii) & 337-F(iii)---Attempt to commit qatl-i-amd, rioting, armed with deadly weapon, jaifah, badi'ah, mutalahimah---Bail, grant of---Completion of investigation---Scope---Allegation against accused persons was that they along with others while armed with their respective weapons launched attack upon the complainant party---First accused, as per crime report, had inflicted knife blow on the left side of abdomen of the injured whereas the second accused had inflicted knife blow on the left side of the back of complainant---Accused persons had not repeated the blows---Injuries attributed to the accused persons were declared by the doctor as offences falling under S. 337-F(iii), P.P.C. for which maximum punishment was three years and consequently did not attract the prohibition contained in S. 497(1), Cr.P.C.---Investigation against the accused persons was complete and their corpus was no more required by the police---Petition for grant of bail was accepted, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Basic principle is bail and not jail. THIS ORDER PASSED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- Through the instant petition, Farooq Khan and Saleem Khan (petitioners) seek post arrest bail in case FIR No.73/2019, dated 05.04.2019, offence under Sections 324, 148, 149, 337 -D, 337-F(ii), P.P.C., registered with Police Station, Kamar Mushani District Mianwali. 2. Allegation against the petitioners, in brief, as per contents of the crime report is that on 05.04.2019 at 03:45 p.m. they along with their co-accused while armed with their respective weapons launched attack upon the complainant party. The allegations against the petitioners is that the petitioner Farooq Khan inflicted knife blow on the left side of abdomen of injured Muhammad Ashfaq whereas the petitioner Saleem Khan inflicted knife blow on the left side of back of complainant. 3. Learned counsel for the petitioners submits that the petitioners have falsely been roped in the instant case by the complainant in connivance with the local police…

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