Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,392

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.392/34---Bail, grant of---Further inquiry---Complainant, who was police constable, had not . bothered to appear before the court for recording his evidence---Only one witness who was also a police constable had been examined and not a single private witness was examined in the Investigation though area was surrounded by shops and houses---Accused received injuries at the hand of the police constable on his leg and was lying on the spot in the pool of blood---Date and time of incident as mentioned in the F.I.R. was different to one mentioned in medico-legal certificate---Police seemed to be hiding the actual facts of the incident and the present facts were fabricated and recoveries were foisted on the record---Case against accused required further inquiry under S.497(2), Cr.P.C.---Accused having made out a case for grant of bail, he was admitted to bail, in circumstances. THIS ORDER PASSED BY: KHAWAJA NAVEED AHMED, J.--- This second bail application has been filed on behalf of accused Muhammad Ismail. The earlier bail application was dismissed as not pressed by order, dated 28-2-2008 and directions were given to the trial Court for recording evidence of complainant within 45 days from the date of receipt of the order of this Court. Since the above direction was not complied with the accused hac6repeated the bail application in the trial Court without success. He had filed the same in High Court on 10-7-2008 and by order, dated 17-7-2008, this Court called the comments from the trial Court to the effect that as to why direction of this Court has not been complied with. In compliance of the order, Mrs. Munawwar Sultana, learned V-Additional District and Sessions Judge, Karachi East, had filed her reply dated 29-7-2008 and informed this Court that she has taken coercive steps for procuring the attendance of the witnesses and matter is fixed on 5-8-2008 for recording evidence of complainant/P. Ws., therefore, the instant bail application was adjourned to 6-8-2008. When matter came up for hearing on that date, the learned counsel for the application informed this Court that one P.W.…

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