Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss.302/324/34---Bail, grant of--­Accused, according to F.I.R., while armed with a pistol had participated .in the occurrence alongwith other-accused persons who were also armed with a pistol and a rifle and besides instigation they all had fired collectively hitting the deceased ---Co-accused armed with the rifle was assigned specific role of having fired at the deceased which had hit him--­Only one crime-empty of rifle was recovered from the spot whereas the accused was allegedly armed with a pistol---Which of the accused had caused fatal injury to the deceased was to be determined at the trial---One prosecution witness in his statement under 5.164, Cr.P.C. had not implicated the accused in the case which was of cross-versions---Version favourable to accused was tentatively to be accepted in case of two versions---Prosecution case apparently called for further inquiry--­Accused was admitted to bail in circumstances. Shahbaz Gul v. The State 1984 PCr.LJ 2495; Jaffar and others v. The State PLD 1980 SC 786; Mahfooz-ur-Rehman and others v. The 'State 2001 PCr.LJ .1692 and Aslam and others v. State 1999 MLD 1033 ref. ORDER By this order I intend to dispose of criminal bail application filed on behalf of applicant Sabir Ali Khuhawar in a case bearing Crime No.20 of 2002 of Police Station Market, Larkana, for an offence under sections 302, 324, 34, P.P.C. The bail plea of the applicant was declined by the learned 5th Additional Sessions Judge, Larkana vide order, dated 4-12-2003 . Prosecution story as unfolded in the F.I.R. is to the extent that on the eventful day the complainant Hakim Ali appeared at Police Station Market and lodged F.I.R., the features thereof goes to show as under:-- "Complaint is that about four months ago our caste-fellow Muhammad Soomar Kalyar had, married Mst. Shahida daughter of Hussain Bux Khuhawar through Court, hence Sabir Ali son of Hussain Bux Khuhawar had lodged such F. I. R. for her abduction against Muhammad Soomar and my brother Shamir and others at Police Station Market and that case was disposed off under cancel class. Sabir Ali used to say that they…

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