Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.324/337/34---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42---Attempt to commit qatl-e-amd, causing Shajjah, common intention---Appeal against grant of bail---Scope---Respondent/accused, who was nominated in the F.I.R., had been attributed a single pistol shot, which hit the appellant/ complainant at his right leg, which was non-vital part of the body---Allegation of firing against co-accused was not found correct, which had made the case one of further inquiry---Medical report revealed that the injury was "Jurh Ghair Jaifah Hashimah", which was not punishable with death or transportation for life, but the punishment provided for such an injury was five years imprisonment---Case, in circumstances, did not fall under the prohibitory clause of S.497, Cr.P.C.---Deeper appreciation of evidence at bail stage was not warranted; and only a bird eye view had to be taken---If the court while granting bail had not violated the principles laid down for grant of bail, its cancellation was not proper---Once the bail had been granted, for its cancellation, there must be strong and exceptional grounds/reasons---In the present case, it was yet to be determined as to whether the case of accused fell within purview of S.324, P.P.C. or not which was to be decided at the time of trial by the Trial Court, which had not yet commenced---Investigation of the case, was already complete and respondent/accused was no more required for further investigation---Cancellation of bail at such a stage, would not serve any useful purpose---No illegality or irregularity was found in the order passed by the Shariat Court, while extending the concession of bail to the accused---Appeal against order granting bail to accused, was dismissed, in circumstances. Tariq Bashir and 5 others v. The State PLD 1995 SC 34; Abdul Khaliq v. State and another 2010 SCR 402; Raja Muhammad Irshad v. Muhammad Bashir Goraya and others 2006 SCMR 1292; Suba Khan v. Muhammad Ajmal and 2 others 2006 SCMR 66 and Ehtesab Bureau, Azad Jammu and Kashmir v. Muhammad Hanif Shaikh and another 2004 PCr.LJ 996 rel. JUDGMENT…

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