Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Arms Ordinance (XX of 1965)

Section: 13

Law: Pakistan Penal Code, 1860

Section: 186,324,353

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860 ), Ss. 324, 353 & 186---Pakistan Arms Act (XX of 1965 ), S. 13---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public function, possessing unlicensed weapon---Bail, grant of---Further inquiry---Discrepancy in statements---Applicability of S. 324, P.P.C.---Scope---Petitioner was directly charged in the FIR with the allegation that he opened fire shots on the police party, who went to arrest him---Statements of the police officials were discrepant about the applicability of S. 324, P.P.C.---Tentative assessment was to be carried out, at bail stage the intention to kill would be thrashed out by the Trial Court after recording of evidence---Case of the petitioner called for further inquiry as envisaged under S. 497(2), Cr.P.C.---Petitioner was admitted to bail, in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.--- The petitioner Nadir Abbas son of Hussain Ali Khan has filed the instant Cr. Misc. No. 91/2019 for grant of post arrest bail in a case registered against him under sections 324/ 353/186, P.P.C. and 13 A.O. vide FIR No. 69/2018 of Police Station Basin, District Gilgit. 2. The brief facts of the case have been mentioned in para 2 of the impugned judgment passed by the learned Addl. Sessions Judge Gilgit. The relevant para is reproduced for ready reference:- "Brief facts of prosecution's case according to FIR are that petitioner/accused attempted to commit murder of Police Officials by firing on them with pistol who went to the house of petitioner/accused to bring him to Police Station in connection with an application submitted by one Shoukat Hussain resident of Sharote against the petitioner/accused. Hence FIR No. 69/2018 has been registered in Police Station Basin Gilgit under sections 324/353/186, P.P.C. and 13 Arms Ordinance, 1965." 3. The learned counsel for the petitioner submitted that facts of the…

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