Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 302/324/34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302/324/34--Further inquiry--Bail grant of--Allegation against accused of indiscriminate firing without causing any injury to any body--Deceased sustained only a single shot--None of PW’s sustained even a scratch--No overt act is ascribed to accused except allegation of ineffective firing not supported by any recovery of weapon--Accused was entitled for relief of bail. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Reasonable grounds--Intent of legislature in S. 497(2), Cr.P.C. disclosing pre-condition to establish guilt against whom accusation was levelled had to be established on basis of reasonable grounds, however, if there existed any possibility to have a second view of material available on record then accused was entitled for relief of bail in spirit of S. 497(2), Cr.P.C. ORDER Sayyed Mazahar Ali Akbar Naqvi, J. have invoked the jurisdiction of this Court under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 calling in question the order of Single Bench of Peshawar High Court, Peshawar dated 17.08.2020 in Crl. M. B.A. No. 2275-P/2020 declining post arrest bail to the petitioners with prayer to grant the same in the interest of safe administration of criminal justice. 2. As per allegation contained in the crime report bearing FIR No. 310/2020 dated 09.05.2020 under Sections 302, 324, 34, P.P.C. registered with Police Station Daudzai, District Peshawar, it is disclosed that when complainant along with his father Ajmal Khan and cousin Asad Ullah were busy in their fields cutting their crop through tractor/cutter, in the meanwhile petitioners along with Khan Zaib attracted to the place of occurrence and resorted to indiscriminate firing. It is specifically mentioned that fire shot made by Khan Zaib had hit the father of the complainant who succumbed to the injury when he was being evacuated to hospital. The motive behind the occurrence is dispute over property. 3. At the very outset, it has been argued by the learned counsel for the petitioners that the petitioners have been falsely roped in this case against the actual…

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