Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324/353/409/34

Criminal Procedure Code (V of 1898)     S. 497 Penal Code (XLV of 1860), Ss.324/353/409/34 Bail, grant of Accused was no more required for the purpose of investigation ¬Allegation of encounter between the complainant party and the accused was made but not a single scratch was caused to the either party Accused was in jail for a considerable period, but case against him was not completed ¬Offence alleged against the accused was not punishable with death, imprisonment for life or ten years Case against the accused being that of further enquiry he was entitled to bail.   Mushtaq Hussain Shah for Applicant.   Sher Muhammad Shar, Asstt. A. G. for the State. ORDER MUHAMMAD ROSHAN ESSANI, J.The facts leading to present application for bail are that applicant/accused Illahi Bux by caste Jatoi is facing trial under sections 324, 353, 409 and 34, P.P.C. before the learned Special Judge (S.T.A.), Sukkur. It arose out of F.I.R. No.25 o 2000 of Police Station Bagerji. The brief facts of the prosecution case as disclosed in the F.I.R dated 30 9 2000 lodged by S.I.P./S.H.O. Abdul Hameed Panhwar at Policy Station, Bagerji are that he alongwith his subordinate staff went for patrolling vide Roznamcha entry No. 11, 1420 hours dated 30 9 2000. When they reached at Goserji bus stop, the S.H.O. received spy information that two bandits alongwith motorcycle were standing on Kando Wahan Link Road near village for committing an offence. The police party reached at pointed place and saw that two persons armed with kalashnikov and Lathi wen standing there. On challenge by police, the person armed with kalashniko opened fire on police. The police also returned fire. This cross fire continue for about 10 minutes. Thereafter, the culprits were apprehended and weapon were recovered from their possession. The person from whom kalashniko was recovered disclosed his name as Illahi Bux. On opening the kalashnikov it was found that…

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