Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 109,148,149,302

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 148, 149 & 109---Qatl-e-amd---Bail, grant of---Further inquiry---Post mortem report showed that injury attributed to accused was everted and abraded margins---Such was not an entry wound so the allegation against accused that he caused injury on the right leg of the deceased was falsified by the post mortem report---Contention of counsel for the complainant that doctor had wrongly opined regarding the injury could not be given any weight, as doctor himself had declared it an exit wound---Injury was on the non-vital part of the body and was simple in nature---Accused had been declared innocent in two successive investigations and according to the opinion of the Police, accused was not present at the spot at the time of occurrence---Although the ipse dixit of Police was not binding upon the court, but that ipse dixit was relevant for the purpose of decision of bail---Pistol had also not been recovered from the possession of accused; he was behind the bars since 18-7-2009 and not a single witness had been recorded---Case against accused being of further inquiry, he was admitted to bail, in circumstances. THIS ORDER PASSED BY: SARDAR MUHAMMAD SHAMIM KHAN, JUSTICE:---.--- Muhammad Farooq, the petitioner seeks his post arrest bail in a case registered against him vide case F.I.R. No.210 of 2009 dated 11-6-2009 for the offences under sections 302, 148, 149 and 149 of P.P.C. registered at Police Station Sarwar Shaheed, District Muzuffar Garh. 2. Precise allegation against the petitioner as per F.I.R. is that on 11-6-2009 at about 2-30 p.m. petitioner along with 12/13 co-accused persons, armed with different weapons, caused the death of Ali Ahmad, brother of the complainant. Muhammad Yousaf co-accused fired with .12-bore gun which hit the deceased Ali Ahmad on his head, Ghulam Farid son of Ghulam Sarwar fired which hit Ali Ahmad deceased on his left leg whereas the petitioner fired with his pistol which hit Ali Ahmad deceased on his right leg. 3. Learned counsel for the petitioner submits that allegation against the petitioner that he fired with his pistol which landed on the…

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