Law: Criminal Procedure Code (V of 1898)

Section: 173,497,497(1)(2)

Law: Pakistan Penal Code, 1860

Section: 109,302

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/109---Qatl-i-amd and abetment---Bail, grant of---Further inquiry---Out of three accused persons, accused was allegedly armed with pump action, second accused with .12 bore and third with pistol---Third accused opened the attack and fired a shot, which hit deceased on the left side of his back while the injury caused by the accused and second accused hit the deceased on the right side of his back---No injury existed on the back of the deceased, except the injury which was on the left side of the buttock of the deceased; and that could be attributed to third accused, who opened the fire---No recovery had been effected from accused, who was charged under S.109, P.P.C., according to the report under S.173, Cr.P.C.---Treating the present case of further inquiry falling under sub-clause (2) of S.497, Cr.P.C., accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: KHAWAJA MUHAMMAD SHARIF, C.J.--- Learned counsel for the petitioner submits that petitioner has been falsely implicated, the according to the report under section 173, Cr.P.C. petitioner was accused of section 109, P.P.C. and was not found to be present at the spot, that no recovery was effected from him, that there is clear conflict between ocular account and medical evidence and that his case is one of further inquiry falling under sub-clause (2) of section 497, Cr.P.C. 2. Learned Deputy Prosecutor General submits that petitioner is named in the F.I.R. that specific role is attributed to him, that two empty cartridges of .12 bore gun were recovered from the…

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