Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324, 148---Qatl-e-amd, attempt to commit qatl-e-amd, rioting armed with deadly weapons---Bail, grant of---Further inquiry---One of the prosecution witnesses in his statement under section 164 Cr.P.C had stated that he had been shown in the F.I.R. as a witness but he had not seen any of the accused persons at the time of firing---Medical report disclosed that deceased was conscious at the time of lodging the report but according to the investigation officer deceased was not in his senses at that time---Such contradiction needed to be inquired into, because if deceased was conscious, report should have been lodged by him---No empties had been recovered from the place of occurrence---Four persons had filed affidavits according to which accused was present in a masjid at the time of the occurrence---Accused had made out a case of further inquiry because of which his bail application was allowed and he was released on bail. JUDGMENT ATTAULLAH KHAN, J.---The accused-petitioner, namely Muhammad Jamil seeks bail in case F.I.R. No.228 dated 11-12-2011. He is charged under sections 302/324/148/149/114, P.P.C., Police Station Sakhakot. 2. According to report recorded in Emergency Ward of the hospital, the complainant was present in his field along with his brother Arshad, when in the meanwhile a motorcar reached there from which accused Jehanzeb, Aurangzeb, Sultanzeb, Noor Zaman and Jamil along with unknown accused boarded down along with Kalashnikovs and tried to abduct his brother Arshad. His brother escaped and while he was running, accused Jamil and Jehanzeb fired at him with Kalashnikovs with which he was hit and injured. He was shifted to the hospital. According to F.I.R., the occurrence was also seen by Ammad. Afterwards, the deceased then injured expired. 3. Learned counsel for the petitioner submitted that there is a delay of about one hour and forty minutes in lodging of F.I.R. He submitted that the accused while injured was conscious and the report should have been made by him. He further submitted that as per medical report, the accused was conscious while according to…

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