Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302/324/114/148/149

Criminal Procedure Code (V of 1898) S. 497(2) Penal Code (XLV of 1860), Ss.302/324/114/148/149 ¬Bail, grant of Accused was armed with a country made pistol and no role of any kind was attributed to him Version of complainant in F.I.R. was in direct conflict with statement of prosecution witnesses Case being of two versions, called for further enquiry Accused having been able to make out case for bail he was granted bail. Muhammad Ayaz Soomro for Applicant. Muhammad Bachal Tunio, A.A. G. for the State. ORDER By this order I propose to dispose of criminal bail application filed on behalf of the applicant Meer Mastoi in a case bearing Crime F.I.R. No.S 24 of 2001 of Police Station Sijjawal for an offence under sections 302, 324, 114, 148 and 149, P.P.C. Bail plea of the applicant was declined by the learned 7th Additional Sessions Judge, Larkana vide order, dated 30 1 2002. The prosecution story as unfolded in the F.I.R. is that on 18 3 2002 at 8 30 p.m. (night) complainant Haji Kalan Mastoi appeared at Police Station Sijjawal and lodged an F.I.R. alleging inter alia that he alongwith his son Deedar Hussain, brother in law Hussain Bux came to the house of their relative Allahdad Mastoi and while they were on their way towards their house, at 8 00 p.m. (night) they saw five persons on electric light they were (1) Akram, (2) Nooro, (3) Ghulam Rasool, (4) Meer, and (5) Nawab, all Mastoi by caste, out of them Akram was armed with a pistol, Nooro with a gun, Ghulam Rasool with a gun, Meer with a Desi pistol and Nawab being empty handed emerged there and disclosed by raising Lalkara that Dcedar Hussain Mastoi is Karo with Mst. Jamalan. By saying so, accused Akram Mastoi fired from his pistol which hit Deedar Hussain son of complainant who fell down by raising cries. As far the remaining culprits were concerned they raised their weapons and disclosed that nobody should go near. The complainant party could not go near due to scare and kept mum. Thereafter, they by raising slogans came to the house of Ramzan Mastoi close to the house of Allahdad Mastoi and Mst. Jamalan wife of Ramzan Mastoi daughter of Mashooq Mastoi aged 20 years. Within their sight, Nawab Mastoi…

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