Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 324,337-F(iii)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 324, 337-F(iii)--Bail after arrest, grant of--Further inquiry--Allegation of--Blows of knife to brother of complaint--There is no denial to this fact that petitioner is named in FIR, but High Court has to see from facts and circumstances whether case against petitioner to extent of grant of bail is made out or not--There is delay of seven days in lodging crime report for which no plausible explanation has been rendered by prosecution--As per contents of crime report, petitioner allegedly gave four blows of knife to injured, but Medical Officer has observed only three injuries on his person--Similarly, no lime of arrival of injured in hospital and his examination is given in MLC--All these facts make it a case of further inquiry in favour of petitioner falling within ambit of Section 497(2), Cr.P.C--When confronted, Law Officer frankly concedes that injuries have been declared to be falling under Section 357 F(iii), PPC, for which maximum punishment is three years--offences alleged against petitioner does not attract prohibition contained in Section 497 (1), Cr.P.C.--In cases not punishable with death or imprisonment for life or ten years, grant of bail is a rule and refusal an exception, petitioner is also entitled to relief prayed for--Even otherwise, basic principle is bail and not jail--petitioner is behind bars since date of his arrest--Investigation being complete, his corpus is no more required by police and as such no useful purpose would be served by his further detention in fail--Culpability of petitioner would be determined by trial Court during trial after recording of evidence--Bail was allowed. [Pp. 366 367] A B PLD 1995 SC 34. Order Through the instant petition, the petitioner has sought for his post arrest bail in case FIR No. 192/2018, dated 06.10.2018, offence under Sections 324, 337-F(iii), PPC, registered with Police Station, Pai Khel, District Mianwali. 2. Allegation against the petitioner, in brief as per contents of the crime report is that on 29.09.2018, at about 9.15 a.m. he gave four blows of knife to Mauvia Hassan brother of the…

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