Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/337-H (2)/148/149---Qatl-e-amd, hurt by rash or negligent act, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Delay in conclusion of trial---Whereabouts of complainant and prosecution witnesses not known---Rule of consistency---Co-accused with similar role already granted bail---Effect---Accused and co-accused were alleged to have fired at the deceased---Complainant and prosecution witnesses were not coming forward to record their evidence before the Trial Court despite issuance of non-bailable warrants of arrest against them and publication of notice in a newspaper---Station House Officer (S.H.O.) informed the court that complainant and his witnesses had shifted away to some unknown place and their whereabouts were not known---Such fact was supported by statements of nekmards of the locality---Accused was in jail for the last more than one year and there was no possibility of conclusion of his trial in near future---Co-accused who had been assigned a role similar to the accused was already granted bail, therefore, under the rule of consistency accused also deserved the same treatment and concession---Name of accused appearing on his Computerized National Identity Card (CNIC) was different from his name mentioned in the challan sheet---Probability that accused had been wrongly challaned by a wrong name carried some weight---Accused was granted bail in circumstances. Mumtaz alias Kukar v. The State 2009 MLD 111 ref. ORDER AFTAB AHMED GORAR, J. Through this bail application, the applicant Abdul Rehman son of Sanwan Sabzoee seeks post-arrest bail, in Crime No.13 of 2010, registered with P.S B-Section Kandhkot, under sections 302, 337-H(2), 148, 149 P.P.C. His same plea has been declined by the trial Court, vide order dated 7-7-2012. 2. The allegation against the present applicant is that, on the fateful day, he along with co-accused Saddique alias Sado Khan and 21 others, duly armed with Kalashnikovs and guns respectively, came to place of occurrence; the applicant Abdul Rehman and co-accused Saddique alias Sado fired from Kalashnikovs at Muhammad Manthar,…

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