Law: Criminal Procedure Code (V of 1898)

Section: 161,497(2)

Law: Pakistan Penal Code, 1860

Section: 147,148,302

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 147 & 148---Qatl-e-amd---Bail, grant of---Further inquiry---At bail stage deeper appreciation of evidence could not be gone into and only it was to be seen, whether prima facie the alleged offence had been committed by accused or not---F.I.R. had stated that 3/5 persons had beaten the deceased with lathis, but the medical report was contrary, which stated that no mark of violation was found on the body of the deceased---Case called for further inquiry as the allegation made in the F.I.R. could only be provedby leading positive evidence---Accused persons were admitted to bail, in circumstances. THIS ORDER PASSED BY: MUHAMMAD TASNIM, J.--- This bail application is directed against the order dated 3-11-2009 passed by the learned Additional Sessions Judge, Moro whereby declining the bail to the applicants Talib Hussain, Munir Ahmed and Imdad, who are wanted in F.I.R. Crime No.226 of 2009 Police Station, Moro District Naushahro Feroze registered for an offence under sections 302, 147, 148, P.P.C. Prosecution story is that the case was initiated on an F.I.R. lodged at the instance of complainant Ghulam Shabir Dehri on 28-7-2009 at 1100 hours alleging therein that the present applicants along with other co-accused having lathis have committed the murder of Bashir Ahmed by means of causing lathi blows, strangulating him and causing him secret injuries: hence the F.I.R. was lodged as stated above. Learned counsel for the applicants has submitted that as many as 5 accused persons were named in F.I.R. He has further submitted that though three lathis were recovered from all the three applicants but it did not contain any blood-stained mark. Similarly the learned counsel has argued that as per F.I.R. present applicants have beaten the deceased with lathis who subsequently died but as per medical report no marks of violence were found on the body of deceased. Learned counsel further argued that the arrest of the applicants was made on 31-7-2009 and there was no blood-stained earth available at the place of wardhat. He further argued that…

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