2021 MLD 877 PESHAWAR-HIGH-COURT
Section 324…firing on non-vital part bail granted…
2021 MLD 877 PESHAWAR-HIGH-COURT
MUHAMMAD IDREES VS State
S.497—Penal Code (XLV of 1860), Ss. 324, 337-N & 34—attempt to commit qatl-i-amd, common intention and cases in which qisas for hurt shall not be enforced—bail, grant of—Firing on non-vital parts—Further inquiry—Scope—Accused along with others was alleged to have fired at the complainant with intention to murder him—Complainant, as per site plan, was at the mercy of the accused, however, the accused fired at non-vital part of complainant’s body, therefore, applicability of S.324, P.P.C., required further probe—Accused was neither a previous convict nor hardened or desperate criminal—No allegation against accused to the effect that the offence was committed in the name or on the pretext of honour, therefore, the question as to whether the punishment of tazir could be passed against accused or not, keeping in view the provisions of S.337-N(2), P.P.C., made the case of accused one of further enquiry—Petition for grant of bail was accepted.
