WALEED ARFAQAT vs State S — 2022 PCrLJ 810 ISLAMABAD

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WALEED ARFAQAT VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 337-F(iii), 337-D, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, mutalahimah, jaifah, rioting, armed with deadly weapon, common object---Bail, grant of---Delay in recovery of empties---Rule of consistency---Non-availability of report of Forensic Laboratory---Completion of investigation---Further inquiry---Scope---Allegation against accused was that he along with co-accused while armed with weapons attacked upon the complainant party due to which two of them got injured and another succumbed to the injuries---Complainant had initially mentioned that the accused along with other co-accused while standing in front of the market was raising abuses etc. and again the complainant had mentioned that the accused came out from his car along with co-accused and raised lalkara, the question of two different versions regarding the accused would be resolved by the trial court during the course of trial---Accused was not alleged to have caused any injury to the deceased---Police had not visited the place of incident on the same day rather had inspected the site on the next day and had recovered six empties of 30 bore pistol which made the recovery of empties doubtful---One of the co-accused had been released on bail after arrest by the High Court and the accused was also entitled to grant of bail on the principle of consistency---Report of Forensic Laboratory regarding pistol and empties recovered from the spot was still awaited---From the contents of the FIR, it could not be outrightly said that there was common intention to commit crime, it prima facie appeared that PUBG (Player Unknown's Battle grounds) game was the reason that provoked the accused---Investigation in the case was complete and the accused was not required for the purpose of further investigation---Accused had made out a case of further inquiry---Petition for grant of post-arrest bail was allowed, in circumstances.

WALEED ARFAQAT vs State S — 2022 PCrLJ 810 ISLAMABAD

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