Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pensions Act, 1871

Section: 109,148,149,302,337A(i),337-F(i),337-L(2 )

Criminal Procedure Code (V of 1898)--- ----S. 497(2)--- Penal Code (XLV of 1860), Ss. 302, 109, 148, 149, 337-A(i), 337-F(i) ,  337-L(2)---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, grant of---Further inquiry---Contradictory medial evidence qua alleged injury caused by the accused---Post-mortem report described the injury caused by the accused as ‘not a deep wound but superficial in nature’ and two broken teeth of injured victim---Same post-mortem report described the mouth of the injured victim to be healthy---Final opinion of the medical officer which constituted the cause of death of deceased victim stated ‘cardiopulmonary arrest due to excessive internal bleeding due to rupture of spleen, liver and lung injury’ which was not caused by the accused---Prima facie, the injury caused by the accused compared to the firearm injury caused by the co-accused, did not appear to be fatal leading to the death of deceased and the medial evidence to the extent of the alleged injury caused by the accused appeared to be contradictory---Question of common intention under section 34, P.P.C. could best be examined during the trial after recording of the evidence---To the extent of the accused the reappeared to be no reasonable grounds for believing that he had committed the non-bailable offence, but there were sufficient grounds for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed and accused was admitted to bail. ORDER: SYED MANSOOR ALI SHAH, JUSTICE:---.--- Criminal M.A. No. 543-L/2021: This petition is barred by 145 days. For the reasons given in the application for condonation of delay and placing reliance on Muhammad Arshad Nadeem1 case, the delay in the filing of this petition is condoned. Application allowed. Main Case 2. The Petitioner seeks leave to appeal against the order dated 17.6.2021, whereby he was refused post-arrest bail in case FIR No.322/2019, Police Station Sadar Muridke, District Sheikhupura, registered under sections 302, 109, 148, 149, 337A(i), 337F(i), 337L(2), P.P.C. 3. Briefly, according to the FIR, the petitioner along with other co-accused entered the house of the sister…

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