Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,504,506(ii),34,337F(iii),337F(iv)

(a)    Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324, 504, 506(ii) & 34---Attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of the peace, criminal intimidation, common intention---Bail, grant of---Allegation against the accused-petitioner, was that along with co-accused made firing upon the complainant party, due to which son of the complainant sustained firearm injuries---Record showed that the crime report was lodged after an inordinate delay of 6 days---Delayed registration of FIR showed deliberation and consultation on the part of the complainant---Prosecution had failed to collect crime weapon in order to get it matched with the empties casing secured from the crime scene for corroboration---Case of the applicant fell within nonprohibitory clause of S.497, Cr.P.C---According to the medical report, the injured prosecution witness had received injuries which had been declared as gayr jaifah munaqqilah and mutalahimah, (Ss.337-F (iii) & (vi), P.P.C.), for which maximum punishment of sentence as prescribed by law was three and seven years which did not fall within the limb of prohibitory clause and thus the grant of bail was a right and the refusal was exception---Challan had been submitted before the Trial Court and the applicant was no more required for investigation, therefore, no fruitful purpose would be achieved by keeping the applicant in incarceration for an indefinite period of time---Prosecution had no apprehension that the applicant, if released, might damage or tamper with the prosecution's evidence---Prosecution had not highlighted circumstances, which would indicate that any exceptions to the said rule applied in the present case--Material collected by the Investigation Officer and challan submitted in the Court so far against the applicant was based upon suspicion which obviously was to be decided by the Trial Court after completion of trial and adducing the evidence by the prosecution about the guilt or otherwise of the applicant and as to whether S.324, P.P.C., was applicable or not---Bail petition was allowed, in circumstances. Shoukat Ilahi v.…