Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324,109,34

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss. 324, 109, 34---Attempt to commit qatl-i-amd, abetment and common intention---Bail, refusal of---Successive fire shots---Scope---Accused sought bail after arrest in a case wherein he was alleged to have waylaid the victim and inflicted three fire shots on his right calf and thigh---Traumas inflicted to injured were on the lower limbs of his person but the accused persons skills of marksmanship were not under consideration before the Court and instead from the canvassed accusations his intention and knowledge to commit qatl-i-amd was to be assessed---Intention of an accused manifested the moment he pressed the trigger of his weapon while pointing it towards a living human being, more importantly in case of successive fire shots---Grant of bail on the laboured pretext that the victim of murderous assault was in receipt of injuries on his non-vital organ amounted to artificially stretching the law in favour of an offender who encroached upon the rights of another for taking his life---In cases of single shot, the benefit of bail to an accused could be extended on the ground that he opted not to repeat the act of firing, presuming his ultimate intention was only to inflict an injury and his act was not aimed at taking the life of victim---Likewise, in a case wherein a victim is assaulted through a club, hatchet or knife, generally the injury is inflicted at the intended locale and if it is on the non-vital organ or not serious in nature, it can be pleaded a circumstance in favour of granting bail---Femoral vein/artery and popliteal vein/artery are located in the thigh and calf which if damaged can lead to the death of a person within five to seven minutes---Accused was the sole person held responsible by the witnesses for inflicting all firearm injuries to victim---Material collected during investigation reasonably connected the accused with the commission of crime, rendering him disentitled to the concession of post arrest bail---Petition merited no acceptance, thus was dismissed, in circumstances. (b) Penal Code (XLV of 1860)--- ----S.324---Attempt to commit…

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