Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 337-A(v),34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 337-A(v) & 34---Shajjah-i-ammah, common intention---Bail, grant of---Injury ascribed to accused was on non-vital part of the body---No explanation was offered by prosecution for the inordinate delay of nine days in lodging of the FIR---Injured victim was discharged from the hospital after two days, but still did not report the matter to the police immediately, when the distance between the place of occurrence and police station was merely 6 to 7 kms---Incident took place at the spur of the moment without any prior preparation---No conventional weapon was used during the occurrence and it was specifically mentioned in the FIR that the injury was caused by a stone---Prosecution witnesses in their statements before police admitted that stone pelting was done by both sides during the occurrence---Possibility could not be ruled out that the allegation against the accused was an afterthought---Petition for leave to appeal was converted into appeal and allowed and the accused was released on bail. THIS ORDER PASSED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- Petitioner has invoked the jurisdiction of this Court under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 calling in question the order of Single Bench of Peshawar High Court dated 29.06.2020 declining post arrest bail to the petitioner with prayer to grant the same in the interest of safe administration of justice. 2. The petitioner was booked in response to an occurrence which took place on 21.05.2020 at 7.00 p.m., during which an altercation took place between two factions wherein stone pelting was done against each other. As a consequence, Zia Ullah sustained injuries on his head which was ascribed to Farman Ullah, petitioner. Motive behind the occurrence is dispute over agricultural land. The local police received information qua the incident which was incorporated bearing FIR No.91/2020 dated 30.05.2020 under section 337-A(v)/34, P.P.C. registered with Police Station Samarbagh, District Dir Lower. 3. At the very outset, it has been argued by learned counsel for the petitioner that there is…

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