Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 324/34---Attempt to commit qatl-e-amd, common intention---Bail, grant of---Further inquiry---Allegation against accused and his co-accused was that they stabbed the injured with a dagger due to a monetary dispute with him---Contentions of accused were that no overt act had been attributed to him; that direct allegation for stabbing the injured was made against the co-accused only, and that accused had been falsely implicated in the case as there was no material available with the prosecution to connect him with the commission of the offence---Validity---Prosecution conceded that no material was available to connect the accused with the commission of the offence, therefore, case against accused required further inquiry in terms of S. 497(2), Cr.P.C---Bail application of accused was allowed and he was admitted to bail, accordingly. ORDER MUHAMMAD TASNIM, J.---Applicant is booked in Crime No.703 of 2010 under section 324/34, P.P.C. of Police Station Site (A), Karachi. He in the first place applied for bail before learned IVth Assistant Sessions Judge Karachi West in Sessions Case No.778 of 2010 but his bail application was dismissed by the learned trial Judge vide his order dated 15-11-2010 for the reasons mentioned therein. Against the aforesaid order present bail application has been made. The facts as disclosed by the complainant in his statement under section 154, Cr.P.C. recorded by A.S.-I. Saiful Malook at Abbasi Shaheed Hospital are that his real brother namely Gul Muhammad had given some amount to the accused persons namely Ahmed Zaib and Rehmat Ali in connection with a business transaction. Since the above named accused persons were neither returning the amount to the brother of the complainant nor doing any business as such on the same day i.e. 24-8-2010 at about 6-30 p.m. the accused persons were passing through the street where his brother Gul Muhammad called them and demanded his…

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