SUBOOR vs State S — 2024 PCrLJ 824 Gilgit-Baltistan Chief Court

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SUBOOR VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 324, 336, 337-F(iv) & 34---Arms Ordinance (XX of 1965), S. 13---Attempt to commit qatl-i-amd, itlaf-i-salahiyyat-i-udw, ghayr-jaifah, common intention and possession of arms---Bail, grant of---Further inquiry---Petitioners, along with co-accused, were directly nominated in the FIR attributing them equal role of firing, but without determination of effective firing upon the injured/victim---Police completed the investigation and put the petitioners behind the bars and released the co-accused under S. 169 of the Criminal Procedure Code, 1898---All accused persons though were alleged to be armed with fire arms, but none of them had repeated their fire, when the injured was at their mercy---Prima facie, there appeared no intention on the part of petitioners that they intended the death or qatl-i-amd of the injured---Injuries although grievous but were on non-vital part of the body which also, prima facie, showed lack of intention to cause qatl-i-amd, hence whether S. 324 of P.P.C could be invoked or not, which would only be resolved by the Trial Court after taking consideration the relevant evidence to be recorded in said respect, hence the case of the petitioners also fell within the ambit of further inquiry---Alleged offences i.e. Ss. 336 & 337-F(iv), P.P.C. reflected in the FIR did not fall under the ambit of prohibitory clause and S. 324, P.P.C., although fell within the prohibitory clause, but in case of further inquiry, bail was to be granted as a matter of right and not by way of any concession or grace---Mere fact that the accused were involved in a case falling within prohibitory clause would not be sufficient for the rejection of bail in the case of further inquiry---Bail was allowed to the petitioner, in circumstances.

SUBOOR vs State S — 2024 PCrLJ 824 Gilgit-Baltistan Chief Court

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