Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,324,148,149

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324, 148 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---As per the contents of the crime report, the allegation levelled against the accused was that he along with four co-accused while armed with firearms launched an attack on the complainant party and due to the fire shots two persons were done to death---However only a general role of firing had been ascribed to the accused and no details had been given as to what kind of weapon the accused had used and on which parts of the body of the deceased, the alleged fire shots made by him landed---From the place of occurrence, 27 empties were taken into possession, which according to the report of the Forensic Science Laboratory (FSL) were found to be fired from one and the same weapon---In such circumstances, when the role ascribed to the accused was of general nature and according to the report of FSL only one weapon was used in the commission of the crime, it was the Trial Court who after recording of evidence would decide about the guilt or otherwise of the accused and until then the accused could not be kept behind the bars for an indefinite period---Case of the accused squarely fell within the purview of S. 497(2), Cr.P.C. requiring further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed and accused was granted post-arrest bail. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.--- Through the instant petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the order dated 15.10.2021 passed by the learned Single Judge of the Peshawar High Court, Peshawar, with a prayer to grant post-arrest bail in case registered vide FIR No. 966 dated 03.08.2021 under sections 302/324/ 148/149, P.P.C. at Police Station University Town, Peshawar, in the interest of safe administration of criminal justice. 2. Briefly stated the allegation against the petitioner is that he along with co-accused while armed with firearms assaulted on the complainant party and…

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