Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,324,337-A(i),337-F(i),337-H(2),504,5 06,114,148,149

Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)--- Penal Code (XLV of 1860), Ss. 302, 324, 337-A(i), 337-F(i), 337-H(2), 504, 506, 114, 147, 148, 149---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, grant of---Further inquiry---Allegation against the accused was that he while armed with a pistol launched an attack on the complainant party and made straight fire from his pistol on the complainant which hit on his ear and shoulder---However, it was stance of the accused that infact the complainant party while armed with firearms came at his village, attacked him and caused injury on his left arm, due to which his left arm had been amputated---Medical evidence available on record prima facie supported the stance of the accused---Accused also got registered a counter FIR against the complainant party---Present crime report was lodged after an inordinate delay of two days for which not a single word had been put forward by the complainant---Delayed registration of FIR prima facie showed deliberations and consultation on the part of the complainant---Trial Court after recording of evidence would decide about the guilt or otherwise of the accused and as to whether section 324, P.P.C. was applicable or not---Accused was behind bars for the last more than five months and merely on the basis of bald allegations, the liberty of a person could not be curtailed---Accused had made out a case for bail as his case squarely fell within the purview of section 497(2), Cr.P.C. entitling for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to 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 28.11.2022 passed by the learned Single Judge of the learned High Court of Sindh, Circuit Court Hyderabad, with a prayer to grant post-arrest bail in case registered vide FIR No. 26/2022 dated 28.07.2022 under sections 302/324/337-A(i)/337-F(i)/337 H(2)/504/506/114/147/148/149, P.P.C. at Police Station Nabi Sir Road, District Umerkot, in the…

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