Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,324

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 324 & 34---Attempt to commit qatl-i-amd, common intention---Bail, grant of---Further inquiry---Two versions---Scope---Petitioner, allegedly caused two fire arm injuries on ribs and thigh of the brother of complainant---Medico-legal certificate of the injured showed that the injury sustained by him at the chest fell within the ambit of S.337-D, P.P.C. and the other injury at his right thigh was within the ambit of S.337-F, P.P.C.---Statement of the injured was recorded with the delay of nineteen days, which,prima facie, was legally unacceptable---Nothing was recovered from the possession of the petitioner---Two successive investigations, showed that petitioner was though present at the place of occurrence and was empty handed and played no role, whatsoever and one of the co-accused was declared not involved in the occurrence --Present case was of two versions, one put by the complainant that the petitioner had caused two fire arm injuries to the injured, the second one of the investigating agency during two successive investigations wherein the petitioner was found present at the place of occurrence but empty-handed---Said facts and circumstances of the case rendered the same to be one of further inquiry into the guilt of petitioner---Petitioner was behind the bars since his arrest without any substantial progress in the conclusion of trial and, thus he could not be kept in jail for an indefinite period---Bail was granted to the petitioner, in circumstances. Muhammad Asif v. The State 2017 SCMR 486 and Ehsan Ullah v. The State 2012 SCMR 1137 ref. THIS ORDER PASSED BY: ASJAD JAVAID GHURAL, J.--- Through this petition under Section 497 Cr.P.C., petitioner Kishwar Abbas Shah alias Kashi has sought post arrest bail in case FIR No.425 dated 25.10.2017, in respect of offences under Sections 324 and 34, P.P.C., registered at Police Station, Daira Deen Panah District Muzaffargarh. 2. The allegation against the petitioner, as contained in the crime report, is that on 25.10.2017 at about 2:30 p.m., he along with his co-accused, while armed with pistols, in furtherance of their common…

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