Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 337-F(iv),337-F(iii),324,148,149

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.337-F(v), 337-F(iii), 324, 148 149---Hurt, attempt to commit qatl-i-amd, rioting, unlawful assembly---Bail, grant of---Further inquiry---During Jirgah, due to an altercation between the parties fight took place and three persons belonging to the accused party were murdered in the said occurrence---Accordingly, two FIRs were registered against each other by the parties---Accused had allegedly opened fire on one person and he sustained injuries, but no Medico Legal Report and injury sheet regarding injury of said person was produced by the prosecution which created serious doubt regarding involvement of the accused in the case---Delay of 24 hours in lodging the FIR was not explained---Co-accused had already been granted pre-arrest bail by the lower court, hence rule of consistency applied to the case of the accused---Accused was admitted to bail, in circumstances. ORDER ALI BAIG, JUSTICE:--- Accused namely Zahid Ullah son of Saman has filed the instant bail petition under Section 497, Cr.P.C. for grant of post arrest bail in case FIR No. 26/2019 dated 18-10-2019, registered under Sections 337-F(5), 337-F(3), 324, 148 and 149, P.P.C., at Police Station Jal Thak, Tehsil Chilas, District Diamer. 2. Case of prosecution as unfolded in the FIR is that on 17-10-2019, at 15:30 hours, the petitioner/accused and complainant party were gathered at mouza Dayong jungle Thak in connection with develop consensus regarding Timber of Dayong Forest. In the meanwhile, some altercation between the parties took place. Resultantly, the present petitioner and his co-accused opened fires on one Abdul Malik and Mayo Khan with fire arms and the above named persons sustained injuries. The occurrence was witnessed by the complainant and other eye-witnesses. 3. It may be mentioned here that earlier the petitioner had filed pre-arrest bail petition in the court of the learned Additional Sessions Judge Diamer which was dismissed by the learned trial court vide order dated 14-12-2019. Later on, the petitioner had filed post-arrest bail petition under Section 497, Cr.P.C. in the court of the learned Vacations…

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