Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 337-F(i),337-F(v)/34

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497(2)---.---Penal Code (XLV of 1860), Ss.337-F(i) & 337-F(v)/34---.---Causing damiyah and hashimah---.---Bail, grant of---.---Further inquiry---.---One of co-accused had been found innocent by the Police during investigation---.---F.I.R. had been lodged with, unexplained delay of 8 days---.---Injuries attributed to accused on the left hand of the injured complainant, were covered under S.337-F(v), P.P.C., which did not fall within the prohibitory clause of S.497, Cr.P.C. and substantive punishment was daman---.---Accused was no more required for the purpose of investigation as the recovery of Sota had been made which was allegedly planted one---.---Deeper appreciation of evidence was not permissible at bail stage---.---Accused was behind the bars since his arrest on 17-6-2009, further keeping him behind the bars would not serve any useful purpose---.---Challan of the case had been sent upto the Trial Court and accused was no more required for any purpose and investigation---.---Accused, in circumstances had made out a case of further inquiry into his guilt---.---Sharing of common intention with other accused would be determined after recording of evidence---.---On account of 8 days' delay in lodging the F.I.R., false implication of accused, could not be ruled out---.---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: HAFIZ ABDUL REHMAN ANSARI, JUSTICE:---.--- Through this petition, petitioner, Shafqat alias Shafoo son of Abdul Sattar seeks post-arrest bail in case F.I.R. No. 274 of 2009 dated 26-6-2009 registered at Police Station Yousafwala, District Sahiwal, under sections 337-F(i), 337-F(v), 34, P.P.C. 2. Brief facts of the case as alleged by the complainant are that on 17-6-2009 at 11-30 a.m. he was present at hotel of Yaseen in the Chowk; that suddenly Javaid alias Jaidi, Zafar Iqbal and Shafqat armed with "Sotas" riding on the motorcycle-125 reached there, Javaid attributed Lalkara that Mehboob Hussain be taught a lesson for persuing the case whereas at that time Ali Sher armed with pistol also reached there, on Lalkara of Javaid, Shafqat inflicted "Sota" blow which hit on the…

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