Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 497 & 435--Azad Penal Code, 1995, Ss. 324 & 337--Qatl-i-Amd and Shajjah--Bail refused by Court below--Revision against--Petitioners alongwith other were alleged for committing offence of murder but surprising they were not shown to be armed and were only attributed for catching hold of the deceased--Thus Prima facie their participation in the occurrence was doubtful and the matter was that of further probe--Impugned order set aside--Bail was granted--Petition accepted. THIS ORDER PASSED BY: SYED HUSSAIN MAZHAR KALEEM, JUSITCE---.--- Above titled revision petition is directed against the order of District Court of Criminal Jurisdiction. Sudhnoti dated 08-06-2009, whereby the petitioner was refused bail. 2. Brief facts forming background of the revision petition are that a case under Sections 324, 337 A.P.C was registered against the petitioner and others at Police Station Baloch on the complaint of Irfan Saleem. It was reported that on 10-01-2009 at about 1:00 a.m Abdul Ghafoor informed the complainant through telephone that his father was laying unconscious in front of the Rural Health Centre, Baloch. After given first aid he was referred by Dr. Mukarram Shah to DHQ Kotli, upon this the complainant alongwith relatives came there and noticed injuries at the head and left eye of the victim. He was unconscious and later on was referred to Pakistan Institute of Medical Sciences, Islamabad. Arshad, Muhammad Asghar, Ehsan and Muhammad Shamim were nominated as suspects and the motive was shown a dispute over piece of land between the parties. 3. After arrest, the accused-petitioners applied for bail before the Court below which was refused through the impugned order, hence this revision petition. 4. Learned counsel for the petitioners argued that allegedly the occurrence took place at 6.30, p.m. F.I.R was lodged more than six hours after the incident and the time was utilized for concocting a story to rope the accused-petitioners in a false case. Despite the fact that the occurrence took place in a thickly populated area no eye-witness was mentioned in the F.I.R and later on to strengthen the fabricated…

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