Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,324,337-F(iii),452

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 324, 337-F(iii), 452, 34--Bail after arrest, grant of--Allegation of--Ineffective firing-- "Jurh Ghayar Jaifah Mutalahimah"--The injury attributed petitioner, suffered by the injured witness of the case on her left thigh, was declared as "Jurh Ghayar-Jaifah Mutalahimah", made punishable under 337-F(iii) and punishable for a term which may extend to three years as tazir--Prima facie, there is no sufficient material available on the record to believe prohibitory clause of Section 497 of the, Cr.P.C. Counsel appearing on behalf of the complainant of the case, has submitted that the contents of the FIR reveals that the petitioner had committed an offence 324, PPC--Section 324 of the, PPC. deals with an attempt to commit qatl-i-amd--An attempt as an indictable crime means an intentional act with a view to attain a definite end but which is not achieved because of circumstance independent of the will of the offender who makes the attempt--In the instant case, the intention of the petitioner to kill the complainant is not available, particularly when, after sustaining a injury, the injured fell down and was entirely at the mercy of accused persons, but the petitioner, despite having a firearm weapon, ceased to cause any other injury--Applicability of Section 324 of the, P.P.C. has to be adjudged in the background of number of the accused persons, the weapons carried by them and the opportunity available to them to complete the intended offence--Receipt of an injury on the thigh by the injured witness has indicated that accused had no intention to kill her; otherwise he would have not chosen her thigh to inflict an injury--The applicability of Section 324 of the, P.P.C. is yet to be determined during course of the trial and, at best, the case of the petitioner seems to be covered by the provisions of Section 337-F(iii) of the, P.P.C., which does not fall within the prohibitory clause of Section 497 of the, Cr.P.C.--Case of petitioner falls within the ambit of cases where grant of bail is a rule--Petitioner is behind the bars, since his arrest and the investigation has been/…

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