Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 324,337-F(iv),34

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.324, 337-F(iv) & 34---Attempt to commit gall-a-amd, causing Mudihah to any person---Bail, grant of---Further inquiry---Accused was alleged to have caused a simple injury at the leg of the complainant, which was a non-vital part of the body and punishment provided for the same was less than 10 years---Where the punishment provided was less than 10 years, alleged offence would not fall within the prohibitory clause of S.497(I), Cr.P.C.---Accused had not repeated the act of firing---Challan of the case had already been submitted by the Investigating Agency before the Trial Court---Statements of complainant and one of the eye-witnesses, had also been recorded---Accused was no more required by the Police for further investigation---Sending accused behind the bars, would serve no purpose, in circumstances---Case against accused was not of heinous nature, but was a case of simple injury caused on non-vital part of the body of the complainant---Impugned of Shariat Court whereby bail was granted to accused, was quite in line with the principles governing the bail matter, same needed no interference by the Supreme Court---Supreme Court would not interfere with the discretion exercised by the Shariat Court in bail matters, unless same was shown to be perverse, capricious or against the law. Khurshid Ali and 9 others v: State 2006 PCr.LJ 462; Mian Tauqeer Zafar v. The State 2006 PCr.LJ 418; Muhammad Shafique v. The State 2006 PCr.LJ 423; Tubassam Ahmed Qureshi v. The State 2000 PCr.LJ 105. and Baggoo v. The State and others 1993 SCR 65 distinguished. Bahadur Said v. The State and another 2007 PCr.LJ 1667; Saeed and another v. The State 2008 PCr.LJ 1139; Mian Touqeer Zafar v. The State 2006 PCr.LJ 418; Muhammad Shafique V. The State 2006 PCr.LJ 423; Muhammad Khurshid v.. The State 1996 PCr.LJ 544; Ali Gul v. State 1994 PCr.LJ ,1762 and Muhammad Miskeen v.. Muhammad Ayub 1992 SCR 379 rel. JUDGMENT SARDAR MUHAMMAD SADIQ KHAN, J.---This criminal appeal has been filed against the order of Shariat Court dated 20-10-2010 whereby revision petition filed by accused-respondent, has been accepted…

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