Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 148,149,324,427

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.324/427/148/149---Attempt to commit qatl-e-amd mischief causing damage to the amount of fifty rupees---Bail, grant of---Further inquiry---No specific role had been assigned to the accused persons nominated in the F.I.R. including the accused petitioner and all of them were attributed a general role in the F.I.R.---All other accused persons had already been released on bail and case of accused was not dissimilar to their case---Rule of consistency was applicable to the accused---Evidentiary value of the belated statement of the injured witness recorded after seven days of the incident in which role of firing was assigned to the accused, would be determined at the trial along with his vicarious liability in the occurrence---Two persons from the side of accused party having been injured, their cross version was also pending and the nature of aggression implied by each party, was yet to be gone into---Case of accused, thus, fell within the ambit of S.497(2), Cr.P.C. calling for further inquiry---Accused was in jail for the last five and a half months and his trial had not yet commenced---Bail was allowed to accused in circumstances. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, J.--- Petitioner Tariq alias Bogi through the instant petition has prayed for post-arrest bail in case F.I.R. No.167 registered under sections 324/427/148/149, P.P.C. with Police Station, Manga Mandi, Lahore on 15-3-2010. 2. Briefly the prosecution case as per the F.I.R. is that on 15-3-2010 at about 6/7-00 a.m. Tariq (petitioner) having firearm along with others armed with different weapons, in prosecution of the common objectives of the unlawful assembly formed by them, has resorted to firing at the spot and as a consequence of the same, complainant, Muhammad Nazir, his maternal nephews, Muhammad Nawaz and. Muhammad Iqbal were injured. They also have torn the tyres of their tractor. The incident has taken place on the dispute between the parties over land. 3. After hearing the learned counsel for the parties and perusing the record, I find that according to the narration of the F.I.R, the role assigned to all…

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