Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 148/149/337-A(i)/337-A(ii)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.337-A(ii)/337-A(i)/ 148/149---Causing Shajjah-i-Khafifah and Shajjah-i-Mudihah---Bail, grant of---Further inquiry---Two cross versions were put forth by the rival parties---Persons from both sides were injured---As to who had launched the aggression would be determined only after recording of evidence and on appraisal of the same---Fight broke out at the spur of moment; and both sets of accused took part in that, so the question of vicarious liability would be determined at later stage---Medical certificates had revealed that both accused persons, were also injured and their injuries were not disclosed in the complaint---Persons of accused were no more required for further investigation---Case needed further probe and inquiry within the meaning of S.497(2), Cr.P.C.---Accused were admitted to bail, in circumstances. THIS ORDER PASSED BY: RAUF AHMAD SHEIKH, JUSTICE:---.--- The petitioners seek post arrest bail in case F.I.R. No.277 of 2010 dated 20-7-2010, Police Station Saddar Rajanpur registered on the statement of Eisa under, sections 337-A(ii)/ 337-A (i)/148/149, P.P.C. Subsequently cross version put forth by Rab Nawaz through Report No.22 dated 17-7-2010 was also brought on the record, wherein he had alleged that petitioner Ismail armed with hatchet, petitioner Ibrahim armed with 'sota' along with their co-accused persons, who were also armed with hatchet and 'sotas' made an attack on Rab Nawaz due to dispute over watering of fields and caused Qatl-e-Amad of Fayyaz and injuries to Allah Ditta and Rab Nawaz. After demise of Fayyaz section 302, P.P.C. was added. 2. Allegedly Ibrahim petitioner had given blows with 'sota' on the back of Allah Dina and shoulder of Rab Nawaz, whereas Ismail petitioner had given blows with hatchet on the head of Allah Ditta and head of Rab Nawaz. It was further alleged that Tariq co-accused gave blow to Fayyaz on his back, whereas Abdul Raheem gave blow with hatchet on the head of Fayyaz, who subsequently succumbed to the injuries. 3. The learned counsel for the petitioner has contended that in fact Rab Nawaz etc., had made an attack and caused the…

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