Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 324,353,399,401

(a) Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Penal Code (XLV of 1860), Ss. 353, 324, 401 & 399 --------- Attempt to qatl-i-amd, assault, criminal force, preparation to commit dacoity --------- Bail, grant of --------- No one from police party sustained any bullet injury during the alleged incident, though allegedly accused persons made straight fires upon police party --------- Intention of accused to kill police persons would be decided at the trial stage, while considering bail, court was to only consider minimum aspect of sentence provided in Schedule for the alleged offence --------- Since challan had been submitted, applicant was no more required for investigation so applicant's further detention will not serve any useful purpose --------- Accused was admitted to bail, in circumstances. (b) Criminal Procedure Code (V of 1898) --------- ----------S. 103 --------- Recovery --------- Requirements --------- Police had to give preference to private persons to act as "mashir" to maintain the transparency of recovery, rather than to associate police persons as mashirs. 2008 SCMR 1621; 2000 PCr.LJ 1510; 2000 PCr.LJ 153 and 2011 YLR 1185 ref. State v. Bashir and others PLD 1997 SC 408 and Jamaluddin v. The State 2012 SCMR 573 rel. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:---------- Through the captioned post arrest bail application, applicant Muhammad Nawaz has impugned order dated 13.06.2015, passed by the Court of learned IIIrd Additional Sessions Judge, Sukkur, whereby his earlier bail application was declined. 2. Relevant facts spelt out from the FIR are that on the fateful day, on spy information, police party rushed toward the pointed place and noticed three culprits duly armed, who on seeing police party made straight firing upon the police party and during encounter, applicant sustained bullet injury at his right leg knee while his companions fled away from the spot, hence the instant FIR. 3. Learned counsel for the applicant contended that applicant is owner of Masha Allah Saloon situated near Board Office, Sukkur and 5 days prior to the alleged incident, he was arrested by Sukkur police from his Saloon and…

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