Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324,427,109,149

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324, 427, 109, 148 149---Attempt to commit qatl-i-amd, mischief and thereby causing damage to the amount of Rs. 50 or upward, abetment, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Prosecution case was that the accused party had attacked on complainant party and made firing, causing injuries to the members of complainant party---As per prosecution story, the petitioner made firing with pistol 30-bore on two persons---Co-accused also made firing with the Kalashnikov which hit both the arms of the injured, however, it was not mentioned that firing made by the petitioner with pistol 30-bore hit on which part of the body of injured---Medico Legal Report of injured reflected one entry and exit wound on the left arm and one entry wound on the right arm---No other injury was mentioned on the body of injured other than said two injuries---Injuries caused on both arms of the injured were caused by the burst fire with Kalashnikov by accused nominated in the cross version---Clear conflict existed between ocular account and medical evidence---Investigation in the case had been completed and the accused-petitioner was no more required for the purpose of investigation---Accused-petitioner was previously non-convict and was behind the bars for the last more than eleven months---Trial of the accused-petitioner had not seen any fruitful progress as yet, therefore, his further incarceration in jail would not serve any purpose---Tentative assessment of record showed that present accused-petitioner had made out a case of further inquiry---Bail petition was allowed, in circumstances. Muhammad Hanif v. Manzoor and 2 others 1982 SCMR 153; Awal Khan and 7 others v. The State through AG-KPK and another 2017 SCMR 538; Khan Mir v. Amal Sher 1989 SCMR 1987; Syed Khalid Hussain Shah v. The State 2014 SCMR 12; Sohaib Mehmood Butt v. Iftikhar-ul-Haq 1996 SCMR 1845 and Mehmood Akhtar and another v. Haji Nazir Ahmad and 4 others 1995 SCMR 310 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Tentative assessment---While deciding bail application,…

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