Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497----Penal Code (XLV of 1860), S.324/34---Attempt to commit qatl-e-amd---Bail, refusal off --Submission of counsel for accused that complainant and the eye-witness contradicted each other on the number of accused charged for firing, was of no significance as at least to the extent of accused, the complainant as well as the eye-witness were unanimous---Counsel for accused had also submitted that injury was on the non-vital part of the body of injured and that the intention to attempt at the life, prima facie was not established--Murasila showed that when the Investigating Officer reached the hospital, the injured was in unconscious condition, that fact 'alone was sufficient to meet the submission of counsel for accused---Complainant and eye-witness were unanimous on the point that the firing was made by accused; it would not advance the case of accused, if the doctor had not given any opinion about the nature of the injury---Non-recovery of weapon of offence from accused was also of no significance, more particularly, when the occurrence had taken place about three months prior to filing application for pre-arrest bail-Reasonable grounds existed to believe that accused was guilty of the offence charged with---Bail application stood dismissed, in circumstances. JUDGMENT LIAQAT ALI SHAH, J.---The matter was reported to the police by respondent No.2 on 6-5-2010 and on his report F.I.R. No.399 under section 324/34, P.P.C. was registered in Police Station Abdul Hameed Shaheed Shabqadar, District Charsadda. Initially the report was recorded in the shape of murasila where injured Yaqoob was brought and at that time he was unconscious. He was accompanied by the complainant. The matter was reported in the manner that on that day at 20-10 hours the complainant along with his nephews Yaqoob and Daud had gone to settle a dispute between Aurangzeb and Haya Khan. During the settlement proceedings Haya Khan and Aurangzeb got provoked. Haya Khan caught hold of Yaqoob and Aurangzeb fired at him with fire-arm, as a result of which Yaqoob got injured. Daud was also cited as witness of the occurrence. 2. The injured was examined by…

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