Syed IMRAN GILLANI vs State S — 2022 YLR 769 ISLAMABAD

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Syed IMRAN GILLANI VS State S. 497---Penal Code (XLV of 1860), Ss. 324, 427, 109, 148 & 149---Attempt to commit qatl-i-amd, mischief and thereby causing damage to the amount of Rs. 50 or upward, abetment, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Prosecution case was that the accused party had attacked on complainant party and made firing, causing injuries to the members of complainant party---As per prosecution story, the petitioner made firing with pistol 30-bore on two persons---Co-accused also made firing with the Kalashnikov which hit both the arms of the injured, however, it was not mentioned that firing made by the petitioner with pistol 30-bore hit on which part of the body of injured---Medico Legal Report of injured reflected one entry and exit wound on the left arm and one entry wound on the right arm---No other injury was mentioned on the body of injured other than said two injuries---Injuries caused on both arms of the injured were caused by the burst fire with Kalashnikov by accused nominated in the cross version---Clear conflict existed between ocular account and medical evidence---Investigation in the case had been completed and the accused-petitioner was no more required for the purpose of investigation---Accused-petitioner was previously non-convict and was behind the bars for the last more than eleven months---Trial of the accused-petitioner had not seen any fruitful progress as yet, therefore, his further incarceration in jail would not serve any purpose---Tentative assessment of record showed that present accused-petitioner had made out a case of further inquiry---Bail petition was allowed, in circumstances.

Syed IMRAN GILLANI vs State S — 2022 YLR 769 ISLAMABAD

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