Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Penal Code (XLV of 1860), Ss. 396 & 34 --------- Dacoity with murder; common intention --------- Bail, grant/refusal of --------- Further inquiry --------- Identification parade --------- Plea of alibi --------- Recovery --------- FIR lodged against unknown persons, who were alleged to have caused death of deceased by firing at him while trying to snatch motorcycle from complainant and others --------- Present accused persons were later implicated during investigation through identification parade --------- Accused were although not nominated in FIR, but complainant, in clear terms, had stated that he and other eyewitnesses could identify the accused, as they had seen him while making fire upon deceased --------- Recovery of the motorcycle, used in the crime, had been made from said accused --------- Said accused had been produced for identification parade on the next day of his arrest, and complainant and eyewitnesses had properly identified him with specific role of causing straight fire on the deceased, which had proved fatal --------- Plea of alibi raised by the accused was subject to proof at trial --------- Sufficient and reasonable grounds, therefore, existed to believe involvement of the accused in present case --------- Bail was refused to said accused --------- Other two accused had been involved in present case after nineteen days of the incident, after further statement of complainant, which was without any source --------- Case of said accused, therefore, required further inquiry, as no specific role had been assigned to them --------- Bail application of main accused was rejected and those of the others were accepted accordingly. Case-law referred. THIS ORDER PASSED BY: ABDUL RASOOL MEMON, JUSTICE:---------- Through this common Order I would like to dispose of above three bail applications as all are outcome of one and same order dated 17.4.2014, passed by the learned Additional Sessions Judge, Kotri whereby bail application of applicants Ali Sher and Khuda Bux alias Khudoo for post arrest bail and application of applicant Asif for pre arrest bail, filed in case Crime No.…

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