Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.353, 324 & 34---Anti-Terrorism Act (XXVII of 1997), S.7---Sindh Arms Act (V of 2013), S.25(1)---Assault or criminal force to deter public servant from discharge of his duty, attempt to commit qatl-i-amd, common intention, act of terrorism, possessing unlicensed arms---Bail, grant of---Further inquiry---Accused and co-accused, as per the FIR, both sustained firearm injuries on their right leg, but medical certificate had shown that both had sustained firearm injuries on their left legs---Ocular evidence was contradictory to medical evidence and prosecution could not explain such contradiction---None from the Police party had received firearm injury---Application of S.324, P.P.C., was to be determined at trial after recording evidence---Accused was in custody since 1-12-2016---More than one year had passed, but trial was not completed---All prosecution witnesses being Police personnel, no question of tampering with evidence arose---Sufficient grounds existed for further inquiry into guilt of accused---Benefit of doubt, would go to accused even at bail stage---From tentative assessment of the material available on record, it was to be seen that prima facie case for grant of bail to accused was made out---Case of accused requiring further inquiry, concession of bail was extended, in circumstances. Syed Amanullah Shah v. The State PLD 1996 SC 241 rel. THIS ORDER PASSED BY: SHAMSUDDIN ABBASI, JUSTICE:---.--- Applicant/accused seeks bail in FIR No.336 of 2016 under Sections 353, 324 and 34, P.P.C. read with Section 7 of Anti-Terrorism Act, 1997 and FIR No.337 of 2016 under Section 25(1) of Sindh Arms Act, 2013 registered at Police Station Taimuria, Karachi. Since both the aforesaid Bail Applications Nos.630 and 631 of 2017 are arising from the same incident/crime, therefore, we intend to dispose of both bail applications by this common order. 2. The brief of the prosecution case are that on 01.12.2016 police party of Police Station Taimuria, headed by ASI Muhammad Yousuf left police station for patrolling in the area. During patrolling when they reached at Main Shershah Soori Road,…

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