Law: Criminal Procedure Code (V of 1898)

Section: 497,497B

Law: Penal Code (XLV of 1860)

Section: 324,337N

(a) Criminal Procedure Code (V of 1898) S.497Penal Code (XLV of 1860), Ss. 324, 337N 34Attempt to commit qatliamd, common intention and cases in which qisas for hurt shall not be enforcedBail, grant ofFiring on nonvital partsFurther inquiryScopeAccused along with others was alleged to have fired at the complainant with intention to murder himComplainant, as per site plan, was at the mercy of the accused, however, the accused fired at nonvital part of complainants body, therefore, applicability of S.324, P.P.C., required further probeAccused was neither a previous convict nor hardened or desperate criminalNo allegation against accused to the effect that the offence was committed in the name or on the pretext of honour, therefore, the question as to whether the punishment of tazir could be passed against accused or not, keeping in view the provisions of S.337N(2), P.P.C., made the case of accused one of further enquiryPetition for grant of bail was accepted. Umar Hayat v. The State and others 2008 SCMR 1621 and Abdul Wahab and others v. The State 2019 SCMR 516 ref. (b) Criminal Procedure Code (V of 1898) S.497BailPrincipleScopeCurtailment of liberty 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 and casual manner as that would defeat the ends of justice because if the accused was ultimately acquitted at the trial then no reparation or compensation could be awarded to him for long incarceration, as the provisions of Criminal Procedure Code, 1898 and the scheme of law on the subject did 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.497BailBail does not mean acquittal of an accused but only change of custody from Government Agencies to the sureties, who on furnishing bonds take responsibility to produce the accused whenever and wherever required to be produced. Haji Muhammad Nazir v. State 2008 SCMR 807 ref. (d) Criminal Procedure Code (V of…

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