Law:

Section:

Keywords: Delay, Trial Court, Proceedings, Prima Facie, Order, Surety, Merits Of The Case, Evidence, Satisfaction, F.I.R, Prosecution, Non-Use, Procedure, Grounds, Grievance Result: Order accordingly JUDGMENT This bail application is moved on behalf of three brothers, Ayub James, Peter and Paul sons of one Malik Mannasi, who have been charged under section 302/34, P. P. C. for causing the death of one Sarder Masih with knife blows on 8-12-1970, who remained in hospital for treatment but ultimately died on 25-12-1970. The deceased according to doctor suffered two injuries, one incised wound and the other a stab wound. 2. The second bail application of the applicant was dismissed by II Additional Sessions Judge, Karachi, by his following order dated 6-1-1972: "Heard D. C. and A. P. P. The bail is prayed on various grounds. Previous bail application was dismissed on 26/10 and since then case could not proceed further. I, therefore, do not think it fit case for bail and reject the application." 3. I have heard Mr. Nasiruddin counsel for the applicants and Mr. Jamaluddin H. Ahmad, Additional Advocate-General for the State. Counsel for the applicants submitted that the prosecution story is that Ayub and Peter only gave kicks and fists to the deceased therefore, their acts do not fall under section 302, P. P. C. or section 34, P. P. C. with regard to common intention or prearranged plan. The quarrel was sudden and unpremeditated and Paul applicant is alleged to have inflicted one knife injury only, that all the three applicants are real brothers and the whole family has been deprived of livelihood because of their being confined to jail and it is in the interest of justice to grant bail at least to Ayub and Peter if not to Paul and also that the F. I, R. was lodged not very promptly. 4. My attention was drawn by counsel for the applicants to the statement of deceased Sardar Masih recorded in the Civil Hospital wherein he states that after taking his meal in his house on the day of incident at 4 p.m. when he was taking tea he heard voice of abuses, he came out of his house and saw Peter, Paul, Ayub and Malik Mannasi standing outside his house. All the three dragged him…

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