Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 436, 452, 364, 147, 149 & 337-H(2)---Qatl-i-amd, attempt to commit qatl-i-amd, mischief by fire or explosive substance with intent to destroy house, house-trespass after preparation for hurt, assault or wrongful restraint, kidnapping or abducting in order to murder, rioting, unlawful assembly, hurt by rash or negligent act---Bail, grant of---Further inquiry---Complainant who was allegedly present in the house with his brother could not identify with accuracy sixty assailants together with their parentage and type of weapons they carried---In spite of the use of arms carried by the assailants which also included at least two or three fires from a rocket launcher, complainant did not receive any scratch---Complainant in the midst of commotion had noted with accuracy the persons who fired and parts of the body of the deceased where their respective fires hit---Enmity existed between the parties and throwing the net wide could not be ruled out completely---Two prosecution witnesses had sworn affidavits that accused was not involved in the incident while co-accused was not assigned any role in the FIR except his presence on the site---Accused was not charged with any offence under Anti-Terrorism Act, 1997---First Information Report was lodged with a delay of thirty nine hours---Complainant had not indicated a motive in FIR for sixty persons to commit a crime of such magnitude---Complainant had alleged in FIR that accused was a notorious dacoit however no evidence was on record to substantiate the same---Story narrated in FIR required further inquiry under S. 497(2) Cr.P.C. on the face of it---Bail was granted accordingly. THIS ORDER PASSED BY: OMAR SIAL, JUSTICE:---.--- The Applicants have sought post arrest bail in crime number 46 of 2010 registered under sections 302, 324, 436, 427, 364, 147, 148, 149, 337-H(2) and 452, P.P.C. at Police Station, Khenju. 2. Both the captioned bail applications arise out of the same crime number as such I will dispose of both applications with this common order. 3. Brief facts of the prosecution case as narrated in the FIR are that on…

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