Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 337-F(v)/337-F(i)/337-A(i)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 337-F(v)/337-F(i)/337-A(i)--Post arrest bail--Grant of--FIR was lodged with the delay of 03-days--Possibility of the due deliberation and consultation could not be ruled out--Offences do not fall within the prohibitory clause of Section 497 Cr.P.C.--Mere commencement of trial is no ground for refusal of bail if an accused has made out a case of further inquiry--Bail does not mean acquittal of accused but only change of custody is behind the bar since his arrest, he is no more required by the police because investigation in this case is complete. He is also previous non-convict and non record holder--Bail allowed. [Pp. 1063, 1064 1065] A, B, C, D E 2021 SCMR 130; PLD 1995 SC 34; 1995 PCr.L.J 639; PLD 2017 SC 733; 2020 SCMR 717; 2020 SCMR 971; 2014 SCMR 12; 2014 SCMR 27; 2008 SCMR 807 ref.          ORDER Through this petition, the petitioner Imtiaz Ali, craves post-arrest bail in case FIR No. 344, dated 08.05.2021, in respect of offences under Sections 337-F(v), 337-F(i)337-A(i), PPC registered at Police Station, City Sadiqabad, District Rahim Yar Khan. 2. As per crime report, on 05.05.2021 at about 06:00 a.m, the petitioner along with his co-accused while armed with their respective weapons, attacked upon the complainant party. Petitioner has been assigned the role of causing hatchet blows on left calf and both sides of complainant’s waist. He also inflicted hatchet blows on the elbow and wrist of right hand of Faisal Wasim PW. Hence, this FIR. 3. Heard. Record perused. 4. It is noticed by this Court that the occurrence took place on 05.05.2021 whereas the FIR was lodged on 08.05.2021 i.e with the delay of 03 days without giving any sufficient explanation, therefore, possibility of due deliberation and consultation could not be ruled out. Reliance is placed upon “Khair Muhammad and another vs. The State through P.G.Punjab and other” (2021 SCMR 130). 5. After hearing learned counsel for the parties and going through the record,have noted that the petitioner has been assigned the role of causing hatchet blow at the left calf of…

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