Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 497/498---Bail---Accused can be detained in jail pending investigation or decision provided the dictates of justice and public good so demand---Refusal or grant of bail, therefore, will be regulated by the Court in accordance with the well-settled principles. (b) Penal Code (XLV of 1860)--- ----S. 337-N(2)---Factors for awarding Tazir punishment---Factors to be seen for awarding Tazir punishment are the facts and circumstances of the case, nature of the injury/hurt caused, weapon used and the brutal or shocking manner in which the offence has been committed which is outrageous to the public conscience or adversely affects harmony among different sections of the people. (c) Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860), S.336/337-F(v)/34---Constitution of Pakistan (1973), Art. 185(3)---Bail---Medical evidence was in direct conflict with the allegations contained in the F.I.R.---Case of one accused, thus, required further inquiry entitling him to be released on bail---Other accused had caused the injury in a scuffle and he was not alleged to be a habitual or hardened, desperate or dangerous criminal or a previous convict---Accused had undertaken to face the trial and to be available to receive the prescribed punishment in Qisas if the case was proved against him and if the same was waived to pay the requisite amount of Arsh which was Rs.20,215.80 for the two teeth---Trial was yet to take some time to commence and further detention of accused could not serve any useful purpose---Petition for leave to appeal was converted into appeal in .circumstances and the accused were admitted to bail accordingly. Raja Muhammad Ibrahim Satti, Advocate Supreme Court with M.S. Khattak, Advocate-on-Record for Petitioners. Hafiz Aman, Advocate Supreme Court for Respondent No. 1. Date of hearing: 24th April, 1998. JUDGMENT KHALIL-UR-REHMAN KHAN, J.---Haji Maa Din and Fida Hussain petitioners seek leave to appeal against the order, dated 9th March, 1998 of the learned Judge of the Peshawar High Court rejecting the bail petition filed by them in case F.I.R. No.1, dated 4-1-1998 registered at Police Station…

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