Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), Ss.302/324/337-F(i)/323/458/34/109---Bail, grant of---Further inquiry---Gun recovered from one of accused, according to investigation, was not used by him for commission of offence---Knife recovered from other accused, did not appear to have been used as no knife injury was noticed by doctor while conducting pest-mortem examination of deceased---Accused were not nominated by complainant in F.I.R. nor were identified by his wife during investigation and weapons of offence recovered from accused, prima facie, had not been used in the occurrence---District Qazi, in circumstances was justified in observing that case of accused was one of further inquiry---Benefit of bail extended to accused, by District Qazi, had rightly been upheld by Chief Justice of Shariat Court. JUDGMENT KHAWAJA MUHAMMAD SAEED, J.--- This, appeal is directed against the judgment passed by the learned Chief Justice of the Shariat Court on 25-6-2002. 2. The relevant facts, briefly stated are, that a case was registered vide F.I.R. No.42 of 2001 on 26-4-2001 at Police Station Dadyal on the report of one Abdul Aziz, in which he had alleged that he was sleeping alongwith his wife on the roof of his house when three persons, whom he did not know, came there and ordered him to stand up as he would be killed. According .to said report, one out of the assailants who was carrying .12 bore shotgun was of small size. He fired at the belly of Abdul Aziz which caused serious injury on his person. The assailants ran away from the scene of occurrence. Suspicion was expressed by him that as he was involved in a litigation with one Asghar resident of Haveli over the land which was pending in the Court, and in this respect, was threatened by one Raja Qurban few days before the occurrence that he should leave the prosecution of the case otherwise it will not be good for him. He suspected that one of the assailants was Raja Qurban and held Asghar resident of Haveli responsible for manoeuvering the occurrence. Thereafter the said complainant died. Initially a case was registered under sections 324. 337-F(i), 458, 109, 34, 323, A.P.C.…

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