Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,337-H(ii),114,148,149

Criminal Procedure Code (V of 1898)---.--- ---.---S.497(2)---.---Penal Code (XLV of 1860), Ss.302, 337-H(ii), 114, 148 & 149---.---Qatl-e-amd---.---Bail, grant of---.---Further inquiry---.---State Counsel had raised no objection to the grant of bail to accused---.---Name of accused did not find place in the F.I.R., but he was named in the supplementary statement of the complainant and statements under 5.161, Cr. P. C. of prosecution witnesses recorded subsequently---.---Accused, who allegedly was armed with gun, while leaving the scene ofoccurrence and running away, had made firing in the air---.---No overt act was assigned to accused and no empty of .12 bore gun was secured from the place ofincident and even no recovery of alleged gun had been effected from him---.---Case of accused in circumstances, fell within the ambit of S.497(2), Cr.P. C., which had entitled him to the concession of bail. Muhammad v. The State 1998 SCMR 454 and Faraz Akram v. The State 1999 SCMR 1360 ref. THIS ORDER PASSED BY: KHADAM HUSSAIN M. SHAIKH, JUSTICE:---.--- The applicant has sought bail in Crime No. 43 of 2008 of Police Station Garhi Yasin registered for an offence under sections 302, 148, 149, 337-H(2) 114, P.P.C. The hail plea advanced by the applicant before the trial Court was declined vide order dated 6-11-2008. Hence this application. 2. Briefly the facts of the prosecution case are that on 22-2-2008 at 1330 hours the complainants Ghulam Serwer son of Ghulam Serwer Marfani resident of own houses near Misri Wahan lodged F.I.R. being Crime No. 43 of 2008 of Police Station Garhi Yasin mainly stating therein that their houses and the houses of Altaf Marfani and others are adjacent to each other. Prior to lodging of the F.I.R. Altaf came on the roof of his house and the complainant's son Ghulam Abbas restrained him, which resulted into altercation between them. On the fateful day i.e. 22-5-2008 the complainant, his sons Ghufam Abbas aged about 30 years and Ghulam Hyder and his relative Siraj son of Haji Ferozuddin had gone to their lands. At about 7.30 a.m they saw and identified the accused namely 1, Ayaz son of Gul Bahar, 2. Altaf son of Nazir Ahmed, 3, Deedar, 4, Dildar…

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