Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 302, 324, 337-F(iii), 148 & 149--Bail, grant of--Further inquiry--Allegation was not made against accused that he had caused any injury to any of the deceased--Only allegation against accused was that he caused injuries to PW--None of said injuries attracted prohibitory clause of S.497(1), Cr.P.C.--Record showed that during the course of investigation accused had been declared to be innocent and his plea of alibi that he was on duty in a factory in another city where he was employed, had found favour with the investigating agency--Report for the discharge had been formulated, but Magistrate refused to agree with said police request--Motive part of the occurrence was not attributed to accused--Accused was not related to any of accused persons--Record showed that accused got enmity in a murder case with the principal accused, there was no occasion, in circumstances, for the accused to have joined hands with principal accused in assaulting complainant party--Accused was resident of "M" District and nothing was on record to show that he had any social intercourse with complainant party, which was resident of District `K'--Ever since his arrest, consistent stand of accused was that he was totally unconnected in the matter and had nothing to do with the incident--Even parentage of accused did not find mention in F.I.R.-- Participation of accused in the alleged incident and his culpability as also his vicarious liability, were questions which needed further probe within the meaning of S. 497(2) Cr.P.C.--Accused was admitted to bail. [P. 538] A Order Zafar Iqbal (Zafarullah) son of Subedar Habib Ullah, the petitioner, by filing the instant petition seeks post-arrest bail in case F.I.R. No.21, dated 26-11-2005, registered at Police Station Bangi Khel, District Mianwali for offences under Sections 302, 324, 148, 149, P.P.C. 2. According to the F.I.R. lodged by Kajaal Khan son of Daulat Khan, he was resident of Police Station Shakar Dara, District Kohat; he was having dispute with Shafiq and Aziz sons of Zarghoon Shah, residents of Borri Bangi Khel about one Kanal of…

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