Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324,34

(a) Criminal Procedure Code (V of 1898) S.497Penal Code (XLV of 1860), Ss.324 34Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S.15Attempt to commit qatliamd and common intentionBail, grant ofFurther inquiryScopeAccused was alleged to have inflicted knife blows to the complainant and his sonRecord revealed that the accused was arrested on the next day of occurrence with the knife was still in the folds of his trouser, which was bloodstainedSuch fact made the case of prosecution as one of further inquiry, as the accused persons normally tried to get rid of the crime weapon as soon as possibleInjuries found on the body of complainant were skin deep, while the injuries on the body of his son were shown to be exposing bone, however, the nature of wounds was not mentionedHigh Court observed that keeping in view the injuries mentioned in both the medico legal certificates, the question as to whether S.324, P.P.C., was applicable or not, was a question of further inquiryPetition for grant of bail was allowed, in circumstances. Manzoor v. The State PLD 1972 SC 81 and 1996 SCMR 1845 ref. Amir v. The State PLD 1972 SC 277 rel. (b) Criminal Procedure Code (V of 1898) S.497BailPrincipleScopeHigh Court observed that curtailment of liberty of a person is a serious step in law, therefore, the judges should apply judicial mind with deep thought for reaching at a fair and proper conclusion albiet tentativelySuch exercise should not be carried out in vacuum or in a flimsy or casual manner as that would defeat the ends of justice because if the accused charged, is ultimately acquitted at the trial then no reparation or compensation can be awarded to him for the long incarceration, as the provisions of Criminal Procedure Code and the scheme of law on the subject does not provide for such arrangements to repair the loss caused to an accused person detained in jail without just cause and reasonable grounds. 2016 SCMR 18 ref. (c) Criminal Procedure Code (V of 1898) S.497BailAccused in custody of suretiesScopeBail does not mean acquittal of accused but only change of custody form Government agencies to the sureties, who on furnishing bonds take responsibility to produce the accused…

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