Law: Criminal Procedure Code (V of 1898)

Section: 161,497,497(2),498

Law: Pakistan Penal Code, 1860

Section: 109,324,335,337A(i),337-F(i),452

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 324, 335, 452, 109, 337-A(i) & 337-F(i)---Attempt to commit qatl-i-amd, Shajjah-i-khafifah, Ghayr-jaifah damiyah, Itlaf-i-salahiyyat-i-udw, house trespass---Bail, recalling of---Itlaf-i-salahiyyat-i-udw---Scope---Petitioner allegedly inflicted knife blows to the wife of complainant in attempt to cut her neck---Petitioner contended that his case called for further inquiry as alleged injuries were declared as Shajjah-i-khafifah and Ghayr-jaifah damiyah in Medico-Legal Report---Validity---Petitioner had been nominated in the FIR by name---Brother and sister of the complainant, after the incident, immediately took the injured to concerned police station and after obtaining a letter of treatment they took her to the hospital for treatment and thereafter, the complainant lodged the FIR---Delay in lodging FIR, even otherwise, ispo facto was no ground for grant of bail---Alleged incident took place at 2 A.M. (night) in the house of the complainant where the petitioner entered duly armed with knife---Petitioner was identified by the brother and sister of the complainant---Injured had also implicated the petitioner in her statement recorded under S.161, Cr.P.C wherein she deposed that she resisted his attempt which resulted in sustaining injuries over her arm and other parts of body---Medical Board, constituted on the application of the complainant, had declared two injuries out of four, as Itlaf-i-salahiyyat-i-udw, as the same had caused permanent disfigurement of the vital parts of the body of the victim i.e. her neck, as defined under S.335, P.P.C., carrying punishment of arsh and imprisonment of either description for a term which could extend to ten years---Section 324, P.P.C., was prima facie also attracted in the present case, therefore, the alleged offence fell within prohibitory clause of S.497, Cr.P.C---Sufficient material was available on record to connect the petitioner with the commission of alleged offence---Grounds of malice and ulterior motive were not available to the petitioner---Court, under S.497(2), Cr.P.C. was not to make probe into defence version in order to…

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