Law: Criminal Procedure Code (V of 1898)

Section: 161,497(2)

Law: Pakistan Penal Code, 1860

Section: 34,324

Criminal Procedure Code (V of 1898)---.--- ---.----S. 497(2)---.---Penal Code (XLV of 1860), Ss. 324 & 34---.---Attempt to commit qatl-i-amd, common intention---.---Bail, grant of---.---Further inquiry---.---Names of accused persons did not appear in the FIR, despite the fact that they were residing in the Mohalla of the complainant party, and were very much known to them---.---Prosecution witnesses were also residing in the same Mohallah, who did not give names of accused persons at the time of registration of FIR, but disclosed their names subsequently at the time of recording of S. 161, Cr.P.C. statement---.---Prosecution witnesses, who were brother and friends of the complainant, had not deposed; as to with whose firing they sustained injuries, particularly and specifically in respect of accused persons---.---Accused party had also lodged FIR under S.324, P.P.C., against complainant party, and he was on bail---.---Case requiring further inquiry, accused were granted bail, in circumstances. THIS ORDER PASSED BY: ANWAR HUSSAIN, JUSTICE:---.--- Applicant Muhammad Rafiq and Junaid seek Post Arrest Bail in Crime No. 39 of 2014, registered at Police Station City Hyderabad under Sections 324 and 34, P.P.C. Earlier the Applicants/Accused moved Bail Application before the Trial Court which was declined. Hence this Bail Application. Brief facts of the case are that on 9.5.2014, Complainant Rizwan Mawiya lodged FIR at above Police Station, stating therein that he is doing the work of Motorcycles and on the same day at about 12:20 a.m. he along with his friend namely Faheem were standing and chit chatting near the bathroom of Haji Shah Masjid, while his younger brother Amir along with his friends namely Sufiyan, Sunny and Shehryar were standing near the cabin of Faheem, which was kept on the corner of Masjid Street. In the meantime, four boys riding on two motorcycles came over there, out of which one was known to the Complainant as Naqash while the three were unidentified. Naqash who had pistol in his hand was sitting on the rear seat of one motorcycle, while the unknown person who was on the rear seat of another motorcycle was also armed with pistol. On reaching…

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