Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 324/353/34

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.324/353/34---Bail, grant of---Further inquiry---Allegations against accused was of firing on the Police while he was going in his car along with his companions---On search of his car a pistol, kalashnikov with bullets and a rocket launcher were recovered---Accused had been in jail for over two and half years, but not a single witness had been examined in the case---Prosecution was obliged to prove its case against accused---Under the Constitution of Pakistan no one should be deprived of his liberty unless in accordance with law---In bailable cases, bail was a rule, rather than exception---Case against accused though was a non-bailable case, but it was a case of further inquiry, and that the prosecution had failed to proceed with the case expeditiously---Accused was enlarged on bail, in circumstances. Illahi Bux v. The State 2001 PCr.LJ 1731 ref. ORDER MUHAMMAD KARIM KHAN AGHA, J.--- This bail application under section 497, Cr.P.C. has been filed by applicant Fida Hussain in F.I.R. No.183 of 2006, Police Station Steel Town (AVCC), which basically says that:--- "Today, I, P.I. Jehanzaib Khan posted as ACLC Karachi along with police officials, Sub-Inspector Shahid Mehmood, A.S.-I. Gulab Chandio, A.S.-I. Ajmeer Khan, PC Sultan No.PC-1765, P.C. Danish PC-23190, Ali Dost 11602 were busy in prevention of crimes, and searching in the absconding accused of cases, registered at AVCC, in Government mobile, then reached at Sohrab Goth, received information through informer that accused Fida Hussain alias Mer Jatt involved in the heinous crimes of kidnapping in interior Sindh will go to Thatta by his vehicle. On information reached at Quaidabad Chowrangi at 10-00 and started search through police officials. One Car No.ACC-796, Maker Suzuki Mehran white colour, sitting two persons proceeding to Thatta through National Highway was pointed out by informer, gave signal to stop the car, but driver of such car except to stop, made fast speed. Therefore, we police officials followed the such car by Government Mobile and reached at Quaidazam Park, National Highway, at 1215 hours, seeing police…

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