Law: Criminal Procedure Code (V of 1898)

Section: 497,512

Law: Pakistan Penal Code, 1860

Section: 324

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.324---Attempt to commit qatl-e-amd---Bail, refusal of---Accused was directly charged for effectively firing after about thirty minutes of the occurrence---No proof was available on record that the complainant was having weak vision-Charge against accused was duly supported by eye-witnesses--Accused remained absconder for about six years and proceedings under S.512, Cr.P. C. had been initiated and completed against him--Court while dealing with matter of bail was only required to see whether accused was connected with the commission of offence or not and deeper appreciation was not called for---Injury on non-sensitive part of body, would not bring the case out of the purview of prohibitory clause of S.497, Cr.P.C. and abscondence of accused though was not an absolute proof of guilt but was an important factor to be considered, when other circumstances were available against accused---Supplementary challan against accused had been prepared by the prosecution---No question of misidentify was there as both the parties were related to each other-- Bail application was dismissed, in circumstances. 2008 SCMR 678 and 2010 PCr.LJ 1780 ref. THIS JUDGMENT DELIVERED BY: ATTAULLAH KHAN, J.- Amirullah Shah son of Pir Sabir Shah, accused/petitioner, charged in case F.I.R. No.206 dated 12-6-2005 of police station Saddar, District Bannu, under sections 324, P.P.C., has filed this application for his release on bail. 2. Precisely facts according to. the F.I.R. are that on 12-6-2005 complainant/ injured Ehsanullah in the emergency room of Civil Hospital reported to the local police that he along with his father were busy in working in their lauded property when at 0815 hours, accused (present petitioner Amirullah) duly armed with Kalashnikov came there and asked why they had come to landed property and at the same time, he opened fire with his Kalashnikov with intent to kill them, as a result of which he was injured, however, his father escaped unhurt. Accused after the occurrence decamped from the spot. Motive behind the occurrence is stated to be dispute over landed property. 3. Learned counsel for…

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