Law:

Section:

Criminal Procedure Code (V of 1898 )--- ----S. 497---Penal Code ( XLV of 1860 ), Ss. 324, 452 & 34---Attempt to commit qatl-i-amd, house trespass, common intention---Bail, refusal of---Specific role---Effect---Complainant (lady) had alleged that petitioner with other co-accused barged into her house where she was present along with her mother and pointed gun at her and she ran to other room in order to save her life while her mother received bullet injuries---Petitioner contended that there was contradiction in version of the complainant in FIR and that of her statement recorded under S.161, Cr.P.C.---Complainant had attributed specific role to the petitioner in the FIR as well as in her statement recorded under S.161, Cr.P.C. ---Admittedly, there was a civil dispute between the parties in respect of property and litigation was pending in the civil court---Record showed that one co-accused had absconded, therefore, Trial Court after completing proceeding against said co-accused , would record evidence of the prosecution witnesses ---Trial Court had not recorded statements of complainant and her injured mother, therefore High Court, at bail stage, could not ascertain whether petitioner was innocent or not---Petitioner could not be set at liberty as the apprehension of his pressurizing the complainant could not be ruled out---Petitioner was not entitled to the concession of bail---Bail was refused to the petitioner, in circumstances. THIS ORDER PASSED BY: MRS. KAUSAR SULTANA HUSSAIN J.--- On dismissal of bail Application No. 1597/2017, by the trial Court, vide order dated 26.12.2017, the applicant Nawaz Hussain son of Jahania has approached this Court, by filing instant bail application under section 497, Cr.P.C, for post-arrest bail in case FIR No. 222/2017, under sections 452, 324, 34, P.P.C., registered at P.S. Ibrahim Hyderi, Karachi. 2. Story of the prosecution in nutshell is that complainant Mst. Naseem Bibi recorded her statement under section 154, Cr.P.C. at Jinnah Hospital, Karachi to ASI Malik Mohammad Aslam of PS Ibrahim Hyderi on 12.11.2017, at 0015 hours, which was incorporated into FIR, stating therein that she resides with her mother at the…

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