Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 34,324

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.324/34---Bail, grant of--Further inquiry---Injured in his statement had not named accused persons---Keeping in view the motive alleged in the F.I.R., had the accused persons, while present at the spot made firing and also injured the complainant, then the injured complainant would not have escaped to give their names in his statement made before the Medical Officer who was an independent person and that fact could not be ignored at that stage---Accused persons had joined the investigation and pleaded their innocence before the Investigating Officer---Injury received by the injured was also not on the vital part of the body, which was kept under observation, but the Investigating Officer present in the court submitted that injured was not appearing for X-Ray examination---Motive was a double-edged weapon, which would cut on its both sides and it could also be a reason for false implication of accused persons---In view of statement of accused before the Medical Officer, case of accused persons prima facie fell within the purview of further inquiry---Accused persons could not be sent behind the bars merely for the reason that the weapon was to be recovered, which would not advance the prosecution case any further as no empty was recovered from the spot---Ad interim pre-arrest bail already granted to accused, was confirmed, in circumstances. Faqir Hussain v. Asad Ali Khan and another 2003 PCr.LJ 518 and Shakeel Ahmad and another v. The State 2003 YLR 516 rel. THIS ORDER PASSED BY: ZAFAR IQBAL CHAUDHRY, J.--- Through this petition under section 498, Cr.P.C. Shahid Mehmood and Waseem Abbas petitioners seek pre-arrest bail in case F.I.R. No.192, dated 3-7-2008 registered under section 324/34, P.P.C. at Police Station A-Division, Gujrat on the application of Sohail Aslam. 2. The brief allegation in the F.I.R. is that on 3-7-2008 at about 7-15 p.m. son of the complainant Fahad Aslam went to the shop of Electricity for purchasing electrical items and when he left the said shop suddenly the petitioners armed with .30 bore pistol along with two unknown persons came at the spot and straightaway…

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