Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 392, 395 & 411---Qatl-i-amd, robbery, dacoity, dishonestly receiving stolen property---Bail, refusal of---Accused could not point out any motive for false implication on the part of complainant---Complainant and prosecution witness had recognized the accused in identification parade---Trial had commenced; witnesses had been examined---Bail application was dismissed. ORDER SIKANDAR ZULQARNAIN SALEEM, J.---Through this petition under section 497, Cr.P.C., Muhammad Ismail alias Allah Ditta petitioner seeks post arrest bail in case FIR No. 559 dated 5-9-2011, registered under sections 302, 392, 411, P.P.C. at Police Station Seetal Marri District Multan at the instance of Abdul Jabbar complainant. 2. Prosecution version in brief as divulged in the FIR authored by Abdul Jabbar son of Muhammad Ali complainant is that three unknown persons riding on a Motorcycle CD-70 stopped near the shop of Babar Shahzad (deceased) maternal nephew of the complainant, out of whom two entered into his shop while one assailant remained outside the shop sitting on the motorcycle. The persons who entered into the shop looted an amount of Rs.45,000 motorcycle Honda CG/125 bearing Registration No. 8755/MNP, registration book, National Identity Card and a mobile phone belonging to Babar Shahzad (deceased) were also snatched. When the witnesses interfered, one unknown accused made fire with pistol 30 bore which hit on the left thigh of Babar Shahzad (deceased). Other unknown person made fire with carbine which hit on the backside of head and the pellets also hit left shoulder of Babar Shahzad deceased. After the occurrence, the accused persons succeeded in running away. Babar Shahzad (deceased) in injured condition was shifted to Nishtar Hospital, Multan through 1122 Service but he succumbed to the injuries. 3. Learned counsel for the petitioner contends that admittedly it was night time occurrence and the petitioner is not nominated in the FIR; that no weapon of offence has been recovered from the petitioner and only registration book of motorcycle CG-125 has been recovered on the pointing out of the…

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