Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV 6T 1860), Ss.324/34---Anti-Terrorism Act (XXVII of 1997), S.7---Bail, grant of---Further inquiry---Names of accused were not mentioned in F.I.R. nor description of their features or their stature was given---Accused had not been identified and their identification test took place two- months after incident---Alleged identification of accused was based on flashing of torch light which was a weak form of identification ---Co-accused had been granted bail---Case against accused being of further inquiry, they were admitted to bail. Muhammad Akbar v. The State 1983 PCr.LJ 1677; Ayoob v. The State 1994 PCr.LJ.1057; Hussain Ahmed v. The State 1996 PCr.LJ 130; Gulab v. The State 1974 PCr.LJ 74; Liaquat Ali v. The State 1986 PCr.LJ 2317; Shafique Ahmed v. The State 2002 PCr.LJ 518; Riaz v. The State 1998 PCr.LJ 1613 and Abdul Khalique v. The State 1996 SCMR 1553 ref. ORDER This is a bail application in connection with Crime No.23 of 2002 registered at Police Station, Mirpur Mathelo for offence under sections 3.02, 324, 34, P.P.C. and 7 A.T.A. The incident seems to have occurred on 22-2-2002 at 0300 hours. The F.I.R. was registered at 8-15 hours: It seems that the complainant with his sons and brother live in one house. At about 3 O'Clock late night and early morning there was a sound at the door and they saw thieves. In the commotion that took place the thieves ran. The complainant flashed his torch and in the light of the torch he saw that there were three thieves. One had K.K. and the other had hatchet and the third had Lathi. In the commotion the neighbour also came. They followed the thieves and when they got close enough, one person' fired from K.K. It hit Arab and Manzoor. The complainant took Arab and Manzoor to, the hospital thereafter the F.I.R. was registered that three people who were seen on the torch light had committed the offence. 2. The accused were arrested and I.D. test took place. Thereafter the challan was submitted. The bail application was moved before the Sessions Court, Ghotki who dismissed the same. 3. This bail application has been preferred on several grounds including the…

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