Law: Criminal Procedure Code (V of 1898)

Section: 227,237,238

Law: Pakistan Penal Code, 1860

Section: 324

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 227, 237 238--Pakistan Penal Code, (XLV of 1860), S. 324--Controversy--Sending of cases to prosecution for insertion of sections with law governing hurt in cases of an attempt to commit qatl-i-Amd--Legal justification at bail stage--Determination--Tantamount to interference in investigation--Section 324, PPC provides two types of punishments, one for offence of an attempt to commit qatl-i-Amd and another for hurt caused, in addition to punishment of offence of attempt[t to commit qatl-i-amd--What courts are required at bail stage to do is determination of prima facie connectivity or otherwise of an accused seeking bail in light of tentative assessment of material on record coupled with story of prosecution in FIR--Even if any section of law has been omitted by prosecution, court may take same into consideration from material on record--Courts are not bound to deal with cases in light of sections of law leveled by prosecution; rather what offences can be made out from material on record shall be taken into consideration--On legal premises, insertion of law section in a case is sole prerogative of Investigating Agency at investigation stage; secondly, by prosecution Branch and lastly, trial court at time of framing charge on bases of material available on file against an accused--Under Section 227 Cr.P.C. court may alter or add to any charge at any time before is pronounced--Even otherwise, without altercation of charge, trial has ample powers under sections 237 and 238 Cr.P.C. to award punishment under a penal section, irrespective of fact that charge under said section had not been framed, particularly, in circumstances when charge had been framed in a section providing major punishment whereas accused is being awarded minor punishment--Held: Sending of case file to prosecution by this court while dealing with bail matter of accused, is not legally justified--Such exercise is nothing but to increase agonies of litigants and burdened courts with extra labour. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 324/148/149--Post arrest bail--Allegation of open firing--Motive--Forbidden by injured from using a…

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