Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/324/148/149---Qatl-e-amd and attempt to commit qatl-e-amd---Bail, grant of---Accused had sought bail on medical ground---Accused had received injuries on account of which he was bed-ridden and his injuries could not be treated in jail and required specialized treatment outside the jail---Injury sustained by accused was cominound fracture of right femur bone---Accused had undergone surgery---According to medical certificate issued by Senior Registrar of Hospital, accused was unable to walk and he was allowed complete bed rest for one year and he would do physiotherapy on the bed---No certificate was on record from Jail Doctor produced by the complainant party to show that the facility of Physiotherapy was available in jail---Remaining accused were in jail and accused was the only person who had received injuries---Accused was admitted to bail, in circumstances. Anwar ul Haq for Petitioner. Fazlur Rehman Baloch for the State. Gohar Zaman Kundi and Wali Ayaz Khan for Complainant. Date of hearing: 23rd April, 2010. JUDGMENT ATTAULLAH KHAN; J.---The accused/petitioner having failed to get the concession of bail has applied to this Court for the same relief. He is charged under sections 302/324/148/149, P.P.C. vide F.I.R. No.2 dated 25-1-2009 of Police Station Kakki, District Bannu. 2. The prosecution story as narrated by the complainant Abdul Ghaffar Khan in his initial report lodged on 25-1-2009 at 1200 hours is to the effect that on the eventual day his son Hikmat Yar, Shahidullah son of Sard Ali Khan, Ashrafulah son of Muhammad Rauf and Muhammad Rauf son of Amir Jan, his co-villagers, had gone to Sher Mast Kakki for the purchase of house-hold articles from the shop of Ikramullah, while he (the complainant) and Arab Khan son of Pashatn Khan were standing in front of the shop on the `Kacha-Road' at some distance. No sooner his son Hikmatyar came out of the shop at about 1100 hours, Arif Khan, Zahoor Khan Raqibaz, Sar Anjam, Abdul Qayyum and Wahid Khan, residents of Sher Mast Kakki, armed with Kalashnikovs, emerged on the scene of occurrence and simultaneously fired first at his…