Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 337-A(i),337-A(vi),337-F(i),337-F(vi),32 4/34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 337-A(i), 337-A(vi), 337-F(i), 337-F (iv), 337-F (vi) & 324/34---Shajjah, Ghayr jaifah and attempt to commit qatl-e-amd--- Bail, grant of--- Rule of consistency---Applicability---Head injury---Filing of challan---Accused was nominated in F.I.R. with specific role of causing hatchet injury to brother of complainant---Plea raised by accused was that his co-accused was granted bail and rule of consistency was applicable---Validity---Present was a promptly lodged F.I.R. and its contents were corroborated with medico-legal report---Skull bone of injured was broken and brain was coining out of it---Accused failed to point out any evidence that he or any other resident of his house suffered any injury nor could prove that if complainant party had trespassed in his house and made an assault while armed with various weapons---Challan of the case had been sent to court for trial---Case of the accused was distinguishable from the other co-accused who had been released on bail---Bail was refused in circumstances. ORDER CH. MUHAMMAD TARIQ, JUSTICE:---.--- The petitioner seeks his bail after arrest in case F.I.R. No. 244 dated 3-10-2010, under sections 337-Ai, 337A-vi, 337-Fi, 337F-iv, 337F-vi, 324, 34, P.P.C. registered with Police Station Jatli, Tehsil Gujjar Khan, District Rawalpindi. 2. The precise allegation against the petitioner is that on the day of occurrence, he along with his co-accused made a criminal assault upon the complainant. The petitioner gave a hatchet blow which hit upon the head of Muhammad Ikram, the brother of complainant, resulting fracture of skull of Muhammad Ikram. 3. Learned counsel for the petitioner contends that in fact complainant and other co-accused made a criminal trespass in the house of…

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