Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,324,148,149,337H(2)

Criminal Procedure Code (V of 1898)--- ----S. 497--- Penal Code (XLV of 1860), Ss. 302, 324, 148, 149, 337H(2)---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly and hurt---Bail, grant of---Further inquiry---No specific role assigned to accused only aerial firing was attributed---Applicant/accused, though, armed with pistol was not alleged to have even attempted to cause any injury either to deceased or to any of the prosecution witnesses---Only allegation against him was that he along with an unknown person while leaving the scene of incident had made aerial firing---Case of the accused/applicant fell within the ambit of subsection (2) of S.497, Cr.P.C.---Accused had remained in custody for more than sixteen months---Bail was granted to the accused, in circumstances. ORDER KHADIM HUSSAIN M. SHAIKH, J.---By means of this bail application, applicant Anwar alias Saeed Khan Bugti son of Ghulam Muhammad seeks his release on post arrest bail in Sessions Case No.408 of 2018 re-Anwar alias Saeed Khan v. The State, emanating from Crime No.35 of 2018, registered at Police Station Taluka, for offence under sections 302, 324, 148, 149, 337H(2), P.P.C. after his bail plea has been declined by the learned IInd Additional Sessions Judge, Larkana by dismissing his bail application vide order dated 04.02.2019. 2. Learned advocate for the applicant has mainly contended that the applicant has been falsely implicated in the subject FIR by the complainant due to their enmity over the landed property; that the specific role of causing injuries to deceased Javed Ali by use of pistol is attributed to co-accused Walidad, Lal Bux and Qalandar Bux; and, that no specific role is assigned to the applicant Anwar alias Saeed Khan, who along with one unidentified accused while leaving the scene of wardat had allegedly made aerial firing; and, that the applicant has remained in custody for more than sixteen months. The learned counsel prays that the applicant may be released on bail. 3. Learned advocate for the complainant has opposed the grant of bail to the applicant, contending that the applicant is nominated in the FIR and his presence was…

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