Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 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---Occurrence took place in broad daylight and accused was the sole accused charged by injured complainant---Blood feud enmity existed between the parties---Investigating Officer had inadvertently not mentioned the calibre of empties in the recovery memo, but the same day while sending those empties to Forensic Science Laboratory said Investigating Officer had mentioned that five empties were that of 7.62 bore---Inadvertent omission was of no use for the accused---Two recovery memos. regarding two different colours of trousers of the victim, would amount to deep appreciation of prosecution case, which was not desirable at bail stage---Prima facie, accused was reasonably connected with the commission of offence falling within the restrictive part of S.497(1), Cr.P.C. and was not entitled to the concession of bail---Bail petition was dismissed, in circumstances. 1994 PLR 655; 1994 PCr.LJ 2285; 1999 PCr.LJ 230 and 1999 PCr.LJ 140 ref. JUDGMENT SHAH JEHAN KHAN YOUSAFZAI, JUSTICE:---.--- Khiyal Muhammad, accused-petitioner, who is under arrest in case F.I.R. No.54 dated 2-2-2011 under section 324, P.P.C. registered at Police Station Yaqoob Khan Shaheed, Takht-e-Nasrati District Karak, was refused bail by the lower Courts. Now he has come to this Court for his release on bail. 2. Case of the prosecution is that Shaheedullah lodged the report in emergency room in injured condition that he along with his brothers Fasihullah and Farmanullah were present at the venue of occurrence, meanwhile, Khiyal Muhammad (the petitioner) arrived there duly armed with deadly weapon and opened fire at them as a result of which he was hit on the right thigh while his brothers luckily escaped unhurt. The motive is the outcome of blood feud enmity between the parties. 3. I have heard the learned counsel for the petitioner who contended that petitioner himself surrendered and joined the investigation. The injury sustained by the complainant is not on the vital part and application of section 324, P.P.C. requires further probe. Further contends that though…

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