Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: XLV,324,337F(ii),34

(a)    Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss. 324, 337-F(ii) & 34---Murderous assault---Bail, grant of---Further inquiry---Accused was charged that he with his accomplice made murderous attempt at the lives of the complainant party, due to which, complainant and others sustained injuries---Record so furnished showed that though the accused/petitioner had been charged by the injured/complainant in the FIR for inflicting injury on his person, through his pistol, however, as per Medico-Legal Report of the complainant, the nature of injury on his person was declared as ghayr-jaifahbadi'ah and the punishment provided for such kind of hurt under S.337-F (ii) P.P.C. is imprisonment of either description for a term which may extent to 03 years as Tazir, therefore, the subject offence did not fall within the prohibitory limb of S.497, Cr.P.C.---Grant of bail in such like offences is a rule and refusal thereof is an exception---Applicability of S.324, P.P.C, coupled with prosecution's evidence, in particular the medical evidence of the injured/complainant and the other recoveries allegedly made during the course of investigation qua the guilt of the accused/petitioner shall be adjudged by the Trial Court after recording of evidence pro and contra---Even if a slight doubt arises with respect to participation of an accused person then it will be appropriate to enlarge such an accused person on bail instead of keeping him in the jail---Challan in the subject event had already been put in Court and the trial was ripe for its commencement, therefore, the guilt or otherwise of the accused/petitioner shall better be adjudged by the trial Court during the course of trial---Bail does not mean acquittal of accused but only change of custody from Government Agencies to the sureties, who on furnishing bonds take responsibility to produce the accused whenever required to be produced---Bail petition was allowed, in circumstances.Muhammad Tanveer v. The State and another PLD 2017 SC 733; Tariq Bashir and 5 others v. The State PLD 1995 SC 34; Syed Aman Ullah Shah v. The State and another PLD 1996 SC 241 and 2023 PCr.LJ…

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