Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302/34

Criminal Procedure Code (V of 1898) ----S. 497(2) Penal Code (XLV of 1860), S.302/34 Bail, grant of ¬Further inquiry Five co accused had already been released on bail by the Trial Court F.I.R. had shown that prosecution witnesses were attracted to the scene on hearing cries and fire arm reports Ocular evidence about causing of the fatal injuries to deceased was that of complainant alone which was not supported by medical evidence as far the role of accused was concerned Medical Officer had admitted in his evidence that no gunshot injury was found on the body of deceased ¬'Where as many as, nine assailants had been involved and medical evidence did not subscribe to the solitary ocular version, case of accused required further inquiry No objection was raised on behalf of the State by grant bail to accused Accused was admitted to bail, in circumstances. Behram v. The State 2002 PCr. LJ 73 and 2003 PCr. LJ 73 ref. THIS ORDER PASSED BY: WAHID BUX BROHI, JUSTICE:---.--- It is the case of prosecution that Khadim Hussain was murdered on 16 10 2000 at 6 00 p.m. According to F.I.R. lodged by Abdul Rehman, cousin of the said decreased, the complainant and deceased were proceeding to their village when they were attacked by Nazar Muhammad, Arz Muhammad, Muharram, Ghulam Mustafa, Qurban, Soomer, Nadar, Katpar (applicant) and Deedar (applicant), to whom Nazar Muhammad Qurban, Nader and Katpar were armed with guns, Muharram, Arz Muhammad and Soomer had rifles and the rest had hatchets. It is alleged that Katpar fired from his gun and Muharram from his rifle at Khadim Hussain which hit him and he fell down after raising a cry. Deedar inflicted sharp sided hatchet blow upon him on his forehead. The cries raised by complainant and fire arm reports attracted P.Ws. Daim and Nawaz and many others whereafter the assailants went away making fire in the air. 2. I have heard Mr. Khalid lqbal Memon, Advocate and Mr. Ali Azhar Tunio learned Assistant Advocate General for the State. Mr. Khalid Iqbal Memon at the outset did not press the application for bail on behalf of applicant Deedar, consequently the application of Deedar is dismissed as withdrawn. 3. Mr. Khalid Iqbal Memon advanced…

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