Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860); S. 324/34---Bail, grant of---Injuries sustained by complainant did not disclose any offence falling within the prohibitory clause of S. 497(1), Cr.P.C.---Parties were related,inter se and had filed counter-versions against each other---Premeditation on the part of accused to commit Qatl-i-Amd of the complainant and the fact whether he was aggressor, were to be determined at the trial---Dagger having been produced by the complainant did not provide a cogent corroboration to the case against accused--­Investigation in the case having been concluded, detention of accused in jail could not serve any useful purpose---Accused was allowed bail in circumstances. ORDER Petitioner alongwith his brother Hajt Mehmood Khan are changed for causing stab blow injuries to the complainant. Since effective role in the F.I.R. is assigned to the petitioner, therefore, he was. refused bail. He has also lodged a report entered as Mad No. 17 dated 26-8-1997 and charged the complainant Qazi Khan for causing him injuries with sharp-edged weapon disclosing a different story. Qazi Khan complainant having received stab blow injuries on his shoulder, nose and finger of the left hand was admitted in the nospital for treatment on 26-8-1997 and discharged therefrom on 28-8-1997, as is evident from the discharge slip produced by the petitioner's counsel . 2. Learned counsel for the petitioner contended that the complainant has not charged the petitioner for attempt to commit Qatl-e-Ainad; the non use of pistol in commission of the crime by Haji Mehmood indicates that the incident was in fact a sudden quarrel without premeditation and with no intention to kill the Complainant. He argued that the injury sustained by the victim and described as Ghair Jaifa Mutalahima" is punishable for imprisonment for three years and that investigation being complete,…

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