Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,324,337-A(i),(ii),337-F(i)(v)(vi),14 8,149

Criminal Procedure Code (V of 1898)--- ----S. 497(2)--- Penal Code (XLV of 1860), Ss. 302, 324, 337-A(i), (ii), 337-F(i), (v), (vi), 148 149---Qatl-i-amd, attempt to Qatl-i-amd, Shajjah-i-khafifah, ShaJUSTICEah-i-Mudihah, Ghayr-Jaifah Damihah, Ghayr-Jaifah Hashimah, Ghayr-Jaifah Munaqqilah and rioting armed with deadly weapons---Bail, grant of---Cross version---Aggressor party---Determination---Principle of consistency---Injured accused---Case of further inquiry---Two out of five co-accused persons nominated in FIR were released on bail after arrest---Accused also got serious injuries and as per medical report one injury was lacerated wound skin to bone deep on vertex parietal region and kind of weapon used was blunt---Seven persons from complainant party were injured, Danddas and iron rods were recovered from accused belonging to complainant party--- Five accused from complainant party were released on bail after arrest---Effect---Cause of death mentioned in postmortem report was severe head injury due to assault which caused severe damage to vital organ (brain) of the body but there was no allegation that accused had caused any head injury---Fatal injury was not attributed to accused---Question of aggression was still to be determined and Churri recovered at the instance of accused from kitchen of his house was not blood stained---Case of accused required further inquiry---Bail was allowed in circumstances. Sohaib Mehmood Butt v. Iftikhar-ul-Haq 1996 SCMR 1845 and Mehmood Akhtar and another v. Haji Nazir Ahmad and 4 others 1995 SCMR 310 rel. ORDER TARIQ MEHMOOD JAHANGIRI, J.--- Through the instant petition, the petitioner seeks bail after arrest in case FIR No. 480/2020, dated 15.08.2020, offences under sections 302, 337-F(vi), 337-F(i), 337-F(v), 337-A(ii), 337-A(i), 324, 148, 149, Cross Version, registered at Police Station Golra Sharif, Islamabad. 2. Brief facts of the prosecution case in hand are that one Khushal son of Muhammad/complainant reported to police that on 12.08.2020 at about 05:15 p.m. he along with his relatives Muhammad Imran son of Aslam, Muhammad Khushal son of Muhammad Ali, Hassan Bilal son of Muhammad Khushal, Sarang son of Muhammad Ali,…

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