Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,109,302,324

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/324/109/34---Qatl-e-amd, attempt to commit qatl-e-amd, abetment---Bail grant of---Complainant had not properly explained the delay of four hours in lodging the F.I.R.---Motive was not attributed to accused---Accused had not fired at the deceased and he per F.I.R. had caused fire-arm injuries on the left shoulder and back of the complainant, which would be deemed to be simple in nature---Mother of the deceased and an injured co-accused had also filed private complaints under S.302/34, P.P.C. against the complainant and the injured eye-witnesses, so the case was of three versions---Trial Court was yet to determine after recording evidence as to which party had aggressed---Complainant had suppressed the injuries sustained by the aforesaid injured co-accused in the occurrence, in the F.I.R.---Accused had been declared innocent by the police in investigation---Bail was allowed to accused in circumstances. Fazal Muhammad v. Ali Ahmad and 3 others 1976 SCMR 391; Shoaib Mehmood Butt v. Iftikhar-ul-Haq and 3 others 1996 SCMR 1845; Muhammad Sadiq and 4 others v. The State 2001 PCr.LJ 962 and Muhammad Ramzan v. Rahib and others PLD 2010 SC 585 ref. THIS ORDER PASSED BY: SARDAR MUHAMMAD SHAMIM KHAN, J.--- Bashir Ahmad, 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, Zillah and Malik Ali was available at his Dera. In the meanwhile Mumtaz, Riaz, Bashir Ahmad (petitioner) and Ramzan armed with fire arms reach there. Mumtaz Shah fired at the complainant which hit Mst. Rani Bibi on her forehead, who was sitting besides him. Second fire of Mumtaz Shah hit on the right hand of Ajjam Shah, complainant. Allegation against Bashir Ahmad, petitioner was that he fired at the complainant which hit on his left shoulder and back of chest, whereas fire of Ramzan, co-accused hit Zillah on his right thigh. Mst. Rani Bibi…

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