Law: Criminal Law Amendment Ordinance, 1944

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324,34,109

Criminal Procedure Code (V of 1898)--- ---S. 497---Penal Code (XLV of 1860), Ss. 324, 34, 109---Attempt to commit qatl-i-amd, common intention, abetment---Bail, refusal of---Accused persons were directly charged in the FIR with a specific role of causing injuries to the victim---Recovery of weapon of offence from both the accused had been effected in presence of marginal witnesses---Co-accused had already been refused bail by High Court---Trial of the case had commenced---Accused persons remained absconder for a long time and were arrested after hectic efforts by the local police---No case for bail was made out---Bail petition was dismissed, in circumstances. ORDER MALIK HAQ NAWAZ, JUSTICE:---.--- The petitioners have applied for post arrest bail as they have been booked under sections 324/34/109, P.P.C. vide FIR No.24/2017 of Police Station Jaglote dated 24.08.2017. 2. The petitioners were refused bail by the learned Additional Sessions Judge vide judgment/order dated 03.09.2019, hence this petition. 3. The learned counsel for the petitioners submits that the case is false and the petitioners have been nominated in the FIR just by guess work by the complainant. The learned counsel further stated that recoveries effected in the instant case are fake and fictitious and have been planted by the I.O. in collusion with the complainant party. The learned counsel further stated that it was a night occurrence and the identification of the culprits was not possible. The case of the petitioners is one of the further inquiry and they deserve the…

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