Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Pakistan Penal Code, 1860

Section: 148,149,302,337-H(ii)

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.302, 337-H(ii), 148 & 149---Qatl-e-amd, hurt by rash or negligent driving---Bail, cancellation of---F.I.R. in the case was lodged with promptitude and the names of accused persons did appear in the F.I.R. with specific roles---Mashirnama of Wardat had clearly shown that six empties of .30 bore were recovered on the same date from the place of wardat---Medical evidence also corroborated the ocular evidence---F.I.R. had shown that deceased was being suspected to be murderer of a relative of accused party, had further strengthened the case of prosecution---Counsel for accused had failed to point out mala fide on the part of complainant party to falsely implicate accused in the case---Trial Court had not given any cogent and plausible reasons for granting bail to accused---Order of Trial Court on the face of it, appeared to be arbitrary and perverse---Accused having no case on merits for grant of bail, bail granted to accused, was cancelled in circumstances. THIS ORDER PASSED BY: IMAM BUX BLOCH, J.--- By this common order I would like to dispose of above-mentioned criminal miscellaneous applications jointly, as the matter relates to one crime. Through Criminal Miscellaneous Application No.S-241 of 2009, the applicant, who is complainant in the F.I.R. bearing Crime No. 34 of 2009 of Police Station Shandadkot, has requested for cancellation of post arrest bail granted to respondents Nos.1 and 2/accused Manzoor alias Manzoor Ali Umrani and Palio alias Palio Khan Umrani, by the learned Sessions Judge, Kamber-Shandadkot, vide order, dated 10-9-2009, while Criminal Miscellaneous Application No.1 of 2010 has been filed by the applicant/complainant seeking cancellation of pre-arrest bail granted to respondent/accused Shah Murad alias Shah Nawaz Umrani by the learned Additional Sessions Judge, Kamber vide order, dated 12-12-2009. The facts of the prosecution case are that on 11-2-2009 complainant along with his brothers Israr Ahmed and Fahad, and uncle Arbab Ali Mastoi proceeded for Shandadkot Town for their personal affairs. It is stated that 8/9 months prior to this incident Abdul…

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