Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Penal Code (XLV of 1860)

Section: 324,337-F(ii)

(a) Constitution of Pakistan--- ----Art. 185(3)---Bail---Further inquiry---Scope---Expression further inquiry was a concept far from being confounded in subjectivity or to be founded upon denials or parallel stories by the defence; it required a clear finding deducible from the record so as to be structured upon a visible/verifiable void, necessitating a future probe on the basis of material previously unavailable. (b) Penal Code (XLV of 1860)--- ----Ss. 324 337-F(ii)---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, cancellation of---Available statement of the injured victim was supported by the eye-witnesses, who could not be stamped as false witnesses at bail stage---Statement of injured victim was also confirmed by medical evidence---In such circumstances High Court had clearly misdirected itself in holding that accuseds culpability warranted further inquiry---Petition for leave to appeal was converted into appeal and allowed, impugned order of High Court was set aside and post-arrest bail granted to accused was cancelled. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Impugned herein is order dated 07.07.2020 by a learned Judge-in-Chamber of the Peshawar High Court Bannu Bench, admitting respondents to post arrest bail in a case of murderous assault wherein they were arrayed on petitioners complaint. It is alleged that on the eventful day at 4:30 p.m, respectively armed with a Kalashnikov and .12 caliber gun, they targeted the petitioner within the remit of Police Station Gambela, District Lakki Marwat, in the backdrop of an ongoing feud over the property; he was medically examined under a police docket same day when the Medical Officer confirmed receipt of firearm injuries on the right medial forearm as well as deltoid area with corresponding exits, designated as Jurh Ghayr Jaifah Badiah. The reasons that weighed with the High Court to allow the motion are as follows: In the instant case, the occurrence had reportedly taken place at 16:30 hours with a considerable unexplained delay of three hours. The I.O has recovered only two crime empties of 7.62 bore from the place of accused/petitioner Umer Jan, while no empty whatsoever has been recovered…

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