Law: Criminal Procedure Code (V of 1898)

Section: 173,497(2)

Law: Pakistan Penal Code, 1860

Section: 34,302

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.302/34---Qatl-i-Amd---Bail, grant of---Further inquiry---Accused was in jail since 2-7-2008 and was no more required for investigation purposes---Injuries attributed to accused were not on the vital part of the body of the deceased---Alleged weapon of offence had not been recovered from accused---Fact that deceased made a statement immediately before his death before ASI, though not found mentioned in the case diaries, but said statement was available on the Police file---Deceased had not named the accused as accused in the said statement---Accused was also found innocent by the Police during investigation and discharged report was prepared, however, same was not agreed upon by the Magistrate and Police placed him in column No.2 of the report under S.173, Cr.P.C.---Said facts had made the case of accused one of `further inquiry'---Accused was allowed bail, in circumstances. THIS ORDER PASSED BY: HABIB ULLAH SHAKIR, J.--- The petitioner seeks post arrest bail in case F.I.R. No.125 dated 8-6-2008 registered under sections 302/34 of the P.P.C. at Police Station Marot, District Bahawalnagar. 2. According to the F.I.R. on 8-6-2008 at about 11-00 a.m., Abdul Majeed, petitioner and his co-accused Riaz Ahmad and Mulazam Hussain assaulted Muhammad Nawaz, son of the complainant. It is alleged in the F.I.R. that Abdul Majeed fired with the pistol .12 bore, which hit on the left leg of Muhammad Nawaz whereas fire of Riaz Ahmad hit Muhammad Nawaz, on his testicles. Mulazam Hussain also started firing with his pistol. On seeing the witnesses the accused persons ran away. Muhammad Nawaz injured was taken to a hospital at Khairpur Tamewali, however, the doctor referred him to B.V. Hospital, where he succumbed to the injuries. 3. The learned counsel for the petitioner contends that the petitioner is in jail since 2-7-2008; that nothing has been recovered from him that the empties recovered from the place of occurrence matched with fire-arm recovered from co-accused Muhammad Riaz; that injuries attributed; to the petitioner are not on vital parts of the body of the deceased; that no fracture or…

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