Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,324,337-F(iii),337-F(iv),337-H(2),14 8,149,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497--- Penal Code (XLV of 1860), Ss. 302, 324, 337-F(iii), 337-F(iv), 337-H(2), 148,149 34---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah, mutalahimah,mudihah, hurt by rash or negligent act, rioting, armed with deadly weapon, common object and common intention---Bail, grant of---Case of cross-versions---Scope---Accused was alleged to have fired at the deceased whereas case of accused was that the complainant party fired at him and his witnesses---High Court observed that there was no mention of the injuries received by accused and his witnesses in the FIR and on the other hand, in the cross-version, there was no explanation regarding the death of deceased---Trial Court had to see, after recording of evidence, as to which party was the aggressor---Both the parties had given their own versions qua the manner in which the incident had taken place and possibility of suppression of real facts by both the parties could not be ruled out---Cases of counter-version arising from the same incident were covered for grant of bail on the ground of further inquiry as contemplated under S. 497(2), Cr.P.C.---Petitions for grant of post-arrest bail were allowed, in circumstances. Ali Sheharyar v. The State 2008 SCMR 1448; Noor Muhammad v. The State 2009 SCMR 324; Fazal Muhammad v. Ali Ahmad and 3 others 1976 SCMR 391; Mithoo v. The State 1978 SCMR 231; Mst. Shafiqan v. Hashim and another 1972 SCMR 682 and Ghulam Abbas v. The State and others 2016 SCMR 2048 ref. Shoaib Mehmood Butt v. Ifiikhar ul Haq and 3 others 1996 SCMR 1845; Muhammad Zahid Umar v. The State and others 2016 SCMR 1246 and Ghulam Abbas alias Gaman and others v. The State and others 2017 SCMR 1730 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497--- Bail--- Heinous nature of offence--- Scope--- Mere involvement in a heinous offence is no ground for refusing bail to an accused, who otherwise becomes entitled for the concession of bail. ORDER SADIQ MAHMUD KHURRAM, J.--- By this single order Criminal Miscellaneous No.1196-B/2020 titled Kamran Khan v. The State and another and Criminal Miscellaneous No.1482-B/2020, titled Wasib Khan and 4 others v.…

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