Law:

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Criminal Procedure Code (V of 1898)-------S.497---Penal Code (XLV of 1860), S.324---Bail, grant of---F. I. R. revealed that injury was located on the front of middle of right thigh of injured with corresponding exit on the back of middle of the right thigh --Challan of case had been prepared and submitted, but charge had not been framed---Four months' incarceration without trial, in circumstances, was sufficient punishment---Bail could not be refused by way of punishment---Accused was admitted to bail, in circumstances. Muhammad Afsar v. The State 1994 SCMR 2051 ref. ORDER On 11-5-2003 at 8-40 p.m. Rashid Imran complainant stated before Muhammad Faraz, S.-I., Police Station Kahuta, that he is a land­owner and came to Jewra to buy cigarette at a shop whereafter he was going towards his home when pat 6-15 p.m. he reached near the Ziarat of Pir Gharanda, the petitioner was lying in ambush and came out armed with a .30 bore pistol abused him and told him that he will kill him and fired a shot which hit him on the right thigh. He was grievously injured and on his hue and cry the persons mentioned in the F.I.R. came there whereupon the petitioner ran away. The motive was stated to be the bad character of the petitioner who had abused the complainant a few days ago and some on going litigation between families. A case under section 324; P.P.C. was registered vide F.I.R. No.120 dated 11-5-2003 at Police Station Kahuta, District Rawalpindi. The petitioner was arrested. A learned Judicial Magistrate dismissed his bail on 23-7-2003 while a learned Additional Sessions Judge, Rawalpindi, dismissed his bail plea on 26-8-2003. 2. Learned counsel for the petitioner contends that the injury was not caused on the vital part of the body and the contents of the F.I.R. do not indicate that…

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