Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,302,337-H(2),504

Criminal Procedure Code (V of 1898)--- ----S. 497(2)-Penal Code (XLV of 1860), Ss.302, 337-H(2), 504 & 34---Qatt-e-amd, causing hurt by rash or negligent act, intentional insult--Bail, grant of---Further inquiry---Prima facie, doubt had arisen as to the identification of accused by, the complainant in the light of a moving motorcycle, who was allegedly sitting behind the deceased on the motorcycle in the darkness of night--Was not known as to whether or when the bullet was sealed and the rifle were respectively sent for ballistic examination---Trial Court was to decide as to when or whether any threats were extended by accused to the deceased---Co-accused had been granted bail by the Trial Court---Accused was also entitled to the concession of bail on the rule of consistency---Challan had been filed and there was no likelihood of tampering of evidence by accused---Case of prosecution was not free from doubt---Case of further inquiry within the meaning of subsection (2) of S.497, Cr.P.C. had been made out---Bail was granted to accused, in circumstances. 2001 PCr.LJ 344; NLR 2004, Criminal Cases 1029; 2007 MLD 340; 1983 PCr.LJ 892; 2003 SCMR 201; PLD 1997 Kar. 484; 2007 SCMR 482; 2008 SCMR 1372; 2010 SCMR 966; PLD 2007 Kar. 336; PLD 2009 Kar. 265; 2007 MLD 1749 and 1995 SCMR 1765 ref. THIS ORDER PASSED BY: TUFAIL H. EBRAHIM, J.--- By this order I intend to decide the instant Criminal Bail Application filed by applicant/accused Abdul Latif Budh in a case arisen out of F.I.R. Crime No.42 of 2010 registered at Police Station Kandiaro for offence under sections 302, 337-H(2), 504, 34 P.P.C. The brief facts of prosecution case as unfolded in the F.I.R. lodged by complainant Saifal Khan Ghangro on 9-4-2010 at about 2100 hours are that his brother Fazul Muhammad was running business of Lemon fruit, some days back lemons had been plucked from the garden, which was on the lease with his brother who came to know, that Abdul Latif and Badal Budh had plucked those lemons, complainant's brother Fazal Muhammad had approached them and protested as to why they had plucked his lemons, harsh words were exchanged between his brother and Abdul Latif as well as Badal Budh, who…

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