Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 337-F(vi),337-F(i),337-Lz(2),34,324

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 337-F(vi), 337-F(i), 337-L(2), 34 324--Bail after arrest, grant of--Allegation as against petitioner as called from evidentiary material produced before Court, is that petitions gave three blows with a sota hitting left arm left hand and below left ear of injured of case--A tentative perusal of record shows that, prima facie, there is no sufficient material available on record to believe that petitioner has committed an offence, which falls under prohibitory clause of section 497 of Cr.P.C--Counsel appearing on behalf of injured/complainant of case, has submitted that contents of FIR reveals that petitioner had committed an offence under section--Section 324 of PPC--deals with an attempt to commit qatl-i-amd--An attempt as an indictable crime means an intentional act with a view to attain a definite end but which is not achieved because of circumstance independent of will of offender who makes attempt--Furthermore co-accused of petitioner who were also attributed role of beating injured/ complainant of case, were declared innocent during investigation of case and said investigation has not been challeged by injured/complainant of case--In given circumstances, case of petitioner falls within ambit of cases where grant of bail is a rule--Besides, no exceptional circumstances appear in this case to withhold bail to petitioner--Petitioner is behind bars since his arrest on 22.6.2019 and investigation has been finalized, and allegations against him are yet to be proved through evidence in Court, as such, further detention of petitioner in this case at this stage would not serve any fruitful purpose--Admittedly, petitioner is a previous non-convict--trial has not seen any fruitful progress as yet--Held: It is settled that while dealing with question of bail, Court should consider minimum aspect of sentence provided for alleged offence in schedule--W herein it has been mentioned that Section 497, Cr.P.C. divided non-bailable offences into two categories (1) offences punishable with death, imprisonment of life or imprisonment for ten years (2) offences punishable for…

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