Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302/34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302/34---Bail, grant of---Accused had not caused any injury to the deceased and no overt act was attributed to them in the F.I.R. hence their false implication in the case could not be ruled out---Trial Court was yet to determine that the offence so committed was an organized and a preplanned one---Two co-accused in the case had already been granted bail by High Court---Accused also deserved concession of bail on the rule of consistency---Bail was granted to accused in circumstances. 1995 SCMR 310; 1999 SCMR 1320; 1978 SCMR 357; 2002 SCMR 282; 1979 SCMR 9; 1993 PCr.LJ 2135; PLD 1998 SC 84 and 2001 PCr.LJ 649 ref. THIS ORDER PASSED BY: DR. RANA MUHAMMAD SHAMIM, JUSTICE:---.--- This bail application is directed against the impugned bail order, dated 28-6-2007, whereby the bail to the applicants was refused. The facts briefly stated in the F.I.R. lodged by complainant Mst. Husna at Police Station Tando Jam stating therein that she has three sons, on which Nayab aged about 20 years is youngest one. On 31-1-2007 she along with her brother Muhammad Bachal and her sons Mukhtiar Ahmed, Musharaf and Nayab were sitting in the house and were chit chatting, then at about 0015 hours accused Roshan Ali alias Noorul Amin called her son Nayab, on which he went out and after him she and her brother Muhammad Bachal and son Mukhtiar Ahmed came out from the house; Qayoob Detho also came out from his house and on the light of bulb they saw accused Riaz having pistol in his hand along with accused Roshan Ali, Abdul Sattar, Shafi Muhammad and Mubeen armed with Lathies were standing, and on their sight accused Roshan Ali and Abdul Sattar caught hold Nayab from his arm and accused Riaz Detho told Nayab that he has a doubt on him for steeling a fan from his Otaq, therefore, he will kill Nayab, which hit him in his chest and he fell down and was bleeding. The complainant party raised cries, on which Riaz with pistol and other accused ran away. Thereafter injured Nayab was taken to Civil Hospital, Hyderabad by Mukhtiar Ahmed, Muhammad Bachal and Qayoom, and at about 5-00 a.m. morning they brought the dead body…

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