Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860), S. 337-F (ii) [as amended by Criminal, Law (Second Amendment) Ordinance (XII of 1993)]---Bail---Gun injury received by the victim was on his ankle which was not on the vital part of the body besides it was found to be simple one and it was yet to be seen if the accused intended to kill the victim---Injury, held, at the most fell under the provision of S. 337-F (ii), P.P.C. [as amended] and did not fall within the prohibitory clause of S.497, Cr.P.C. in circumstances. PLD 1962 (W.P.) Kar. 269; PLD 1990 SC 83; Karam Elahi v. The State PLD 1992 Pesh 111; Shahbaz Ahmad and another v. The State PLD 1994 Lah. 344; Nawab Ali v. State PLD 1962 (W.P.) Kar. 270; Dhani Bux v. The State PLD 1964 (W.P.) Kar. 264 and Taj Muhammad v. The State PLD 1963 (W.P.) Kar. 118 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 337-F (ii)---Bail---Further inquiry--­Where a criminal case between the parties was pending in the Court where both parties came armed and exchanged firing and it was yet to be seen as to who was the aggressor party, the case was that of further inquiry. Bashiran Bibi v. Nisar. Ahmad Khan and others PLD 1990 SC 83 distinguished. JUDGMENT MIR HAZAR KHAN KHOSO, J.---This petition for leave is directed against the Order dated 13th of June, 1994 passed by a Single Judge of the Lahore High Court, Rawalpindi Bench whereby the petitioner was declined concession of bail: 2. It is case of the prosecution that on 3rd March, 1994 complainant, Muhammad Nazir alongwith Muhammad Ramzan, Muhammad Fazil, Muhammad Mumtaz and Muhammad Nawaz had gone to attend their case in the Court of learned Senior Civil Judge/Section 30, Magistrate Pind Dadan Khan. At about 10-30 a.m. petitioner Muhammad Afsar armed with .7 mm rifle, Ghazanfar Ali armed with .12 bore single-barrel gun and Muhammad Ehsan armed with 7 mm rifle came there. It is further case of the prosecution that petitioner Muhammad Afsar fired at with his .7 mm rifle at Muhammad Nawaz which hit him in front side of his right ankle. Thereafter, Muhammad Afsar, Ghazanfar and Muhammad Ramzan fired at Muhammad Nawaz…

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