Law: Criminal Procedure Code (V of 1898)

Section: 498,497(2)

Law: Penal Code (XLV of 1860)

Section: 324,452,114,337H(2),147,148,149

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 324, 452, 114, 337-H(2), 147, 148 & 149---Attempt to commit qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint, abettor present at the time of committing offence, rash or negligent act, rioting, rioting armed with deadly weapons, unlawful assembly--Ad-interim pre-arrest bail, confirmation of---Further inquiry---Allegations against the accused-petitioner were that he along with his co-accused persons caused firearms injuries to the injured after entering into the house of complainant--Although the applicant was named in the FIR with an attributed role, there existed serious inconsistency between the ocular version and medical record---Initially the injury on the thigh was opined to be of blunt weapon---Subsequently, overwriting was introduced in the word 'firearm'---Such tampering weakened the confidence with which medical evidence could be used in support of ocular testimony--Furthermore, the location of the alleged injuries, i.e. thigh and index finger, being non-vital parts, and the absence of repeated fire, prima facie, diluted the prosecution's claim of intent to commit qatl-i-amd---In the present case, keeping in view the disputed medical evidence, the nature of injuries, the admitted enmity between the parties, the delay in lodging of FIR, and the fact that the challan had already been submitted and the applicant was not required for further investigation, the case of the applicant clearly fell within the ambit of further inquiry under S.497(2), Cr.P.C.---At the bail stage only tentative assessment of material is to be undertaken---Ad-interim pre-arrest bail granted to the applicant earlier was confirmed, in circumstances. Muhammad Asif v. The State 2017 SCMR 486 and Muhammad Rafique v. The State 2019 SCMR 1068 ref. Muhammad Mansha v. The State 2018 SCMR 772 and Tariq Bashir and 5 others v. The State PLD 1995 SC 34 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Bail order---Observations of the Court---Scope---Observations made in the bail order are tentative in nature and shall not prejudice the Trial Court…