Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss. 324, 353 & 34---Attempt to commit qatl-i-amd, assault, criminal force to deter public servant from discharge of his duty, common intention---Bail, grant of---Further inquiry---Accused was alleged to have made straight firing on police party while he was stopped for snap checking---Police also retaliated in defence---Accused sustained fire shot injury---None from the police had sustained even a scratch on their body or belonging---Weapon of offence was recovered which was not sent to Ballistic Expert---Whether the recovered weapon was functional and was used at the time of occurrence was yet to be determined---Matter was found to be of ineffective firing, which fell in the ambit of further inquiry---Bail was granted in circumstances. Tarique Bashir and 4 others' case PLD 1995 SC 34 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Innocence of accused---Proof of guilt---Every accused would be presumed to be blue eyed boy of law---Accused would not be declared guilty until and unless, he was found guilty of alleged charge---Law could not be stretched upon in favour of prosecution at bail stage. 2015 MLD 466; 2006 MLD 530; 2006 YLR 3022; 2012 YLR 178; 2014 YLR 2083; 2014 YLR 1573 and 2009 PCr.LJ 679 ref. THIS ORDER PASSED BY: MUHAMMAD SALEEM JESSAR, JUSTICE:---.--- By means of instant application under section 497, Cr.P.C., the applicant/ accused, namely, Dost Muhammad alias Dosoo Sahito seeks his release on post arrest bail, in Crime No. 37 of 2016 registered at Police Station Hussainabad, Hyderabad for the offences under sections 324, 353, 34, P.P.C. After registration of the case and completion of legal formalities, police have submitted the challan before the competent Court of law having jurisdiction on 01.05.2016. The case is now pending for trial before the Court of learned IIIrd Additional Sessions Judge, Hyderabad Re: State v. Dost Muhammad @ Dosoo and others. 2. The crux of the prosecution case is that police party headed by SIP Ghulam Muhammad Leghari left police station under their daily diary (DD) entry No. 20 at 2200 hours on 17.04.2016 along…

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