Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 147,148,149,302,324

Criminal Procedure Code ( V of 1898 )--- ----S.497 (2)---Penal Code (XLV of 1860), Ss. 302, 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, armed with deadly weapon, unlawful assembly---Bail, grant of---Further inquiry---Aggressor and victim---Scope---Cross-FIRs by both the parties were registered against each other with regard to same incident---Two persons of the complainant party were murdered and others were injured---One person died and others injured from the accused side---Petitioners (two brothers ) contended that almost their entire family had been dragged in the case---Record revealed that both the parties had leveled allegation of similar nature by claiming the other party as the aggressor---Determine as to which party was the aggressor and who were the victims was very different at bail stage---Occurrence was of two versions recorded in separate FIRs---Place of occurrence in both the FIRs was the same---First Information Reports were lodged on the same day---Case of the petitioners called for further inquiry as envisaged under S. 497(2), Cr.P.C.---Petitioners were admitted to bail, in circumstances. Ghulam Abbas alias Gaman and others v. The State, 2017 SCMR 1730 and Abdul Hameed v. Zahid Hussain alias Papu Chaman Patiwala and others 2011 SCMR 606 ref. THIS ORDER PASSED BY: ABDULLAH BALOCH, J.--- This order disposes of Criminal Bail Application No.(S)115 of 2018 filed by the applicants (accused) Muhammad Khan and Hasul Khan both sons of Haji Muhammad Yousaf, seeking bail after arrest, in case FIR No.04 of 2018, Levies Thana Dhadar, under sections 302, 324 Q&D, 147, 148 and 149, P.P.C. 2. Facts of the case are that on 1st September, 2018, the complainant Saifal Khan, lodged the above FIR by nominating the applicants (accused) and others, stating therein that on the aforementioned date his son Zahoor Ahmed and other relative were working upon their land at the relevant time Qadir Bakhsh, Muhammad Khan, Bashir Ahmed, Hasul Khan and Ahmed being armed with weapons arrived with tractor and raised Lalkara to stop the ongoing work, on refusal the above mentioned persons assaulted Zahoor Ahmed and during assault Zahoor Ahmed…

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