Law: Criminal Procedure Code (V of 1898)

Section: 497, 498

Criminal Procedure Code (V of 1898) S. 497/498-Bail-All three accused charged with having fired at complainant but complainant remaining unhurt-Refusal of bail by lower Court on ground of an empty having been recovered from points where accused allegedly stood as disclosed by site plan-- Empty in view of material placed on record seeming to have been introduced in case-Case, held, needs further inquiry--Bail allowed. Date of bearing: 28th March, 1981.                                                                                                                            JUDGMENT Accused Nur Haleem Shah is charged under section 307/34. P. P. C. alongwith Mir Said Ali and Nur (since released on bail by the Court below). He was refused bail by the two Courts below. Hence this application. The F. I. R. of the occurrence has been lodged by Zar Gul Shah. He stated therein that Umar Siddiq minor son of Qadar Khan was ill and he was taking him on scooter for treatment to the doctor. In the way, the three accused had waylaid him and on seeing them they fired at them. Their firing was however ineffective and they escaped unhurt. Umar Siddiq fell from the scooter and the accused ran away. He alleged that he had a land dispute with the accused party and this was the motive for them to have attempted at his life. I have heard the learned counsel for the parties. I consider it a fit case for bail, the first reason being that all the three accused are charged to have fired at the complainant. The question therefore is how he escaped unhurt. This question depends upon the evidence to be recorded in the trial Court. Further according to the medical report, Umar Siddiq has a simple injury on his lip. Therefore' for the present the question would be that on seeing the accused…