Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,109,302,324

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/324/34/109---Qatl-e-amd, attempt to commit qatl-e-amd---Bail, grant of---Further inquiry---Matter was reported to the Police with the delay of about four hours which delay had not been properly explained by the complainant---Firearm injury sustained by accused in the occurrence, had been suppressed by accused in F.I.R.---F.I.R. had revealed that there was a dispute of inheritance of property between accused and the complainant, who was brother of wife of accused---Case was of two versions, which version was correct; and who was aggressor, would be determined by the Trial Court after taking evidence of both parties---Such cases of counter versions about the same occurrence were covered for the grant of bail on the ground of further inquiry as contemplated under S.497(2), Cr.P.C.---Plea of self-defence was one of the factors that could be considered by the court at time of bail stage---Case of accused falling within the ambit of further inquiry, accused was admitted to bail, in circumstances. Farmanullah v. State and 3 others 2010 YLR 670 ref. Shoaib Mehmood Butt v. Iftikhar-ul-Haq and 3 others 1996 SCMR 1875; Ali Akbar Shah v. Banaras Shah 1990 SCMR 1097; Zafar Iqbal v. The State 1999 PCr.LJ 1840 and Nadra v. Hamiat Khan PLD 1968 SC 310 rel. THIS ORDER PASSED BY: SARDAR MUHAMMAD SHAMIM KHAN, J.--- Peer Mumtaz Shah Khagga, petitioner seeks post arrest bail in case F.I.R. No.454 of 2010 dated 22-9-2010 for the offence under sections 302, 324, 109 and 34 P.P.C. registered at Police Station Noor Shah, District Sahiwal. 2. Precise allegations as narrated in the F.I.R. are that on 21-9-2010 at about 7-00 p.m. complainant along with Mst. Rani Bibi, Aftab, Zilla and Malik Ali was present at his Dera. In the meanwhile Peer Mumtaz Shah Khagga, petitioner, Riaz, Bashir Ahmad and Ramzan armed with fire arms reached there. Peer Mumtaz Shah Khagga, petitioner allegedly fired at the complainant but it hit Mst. Rani Bibi on her forehead, who was sitting besides him. Second fire of Peer Mumtaz Shah Khagga, petitioner hit on the right hand of Ajam Shah, complainant. Allegation against Bashir…

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