Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,148,149

Law: Qanun-e-Shahadat (10 of 1984)

Section: 22

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 148 149---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-i-amd, rioting armed with deadly weapon, common object---Bail, grant of---Failure to conduct identification parade---Delayed FIR---Un-natural conduct---Prosecution case was that five unidentified persons waylaid the complainant party and murdered one of them---All of the accused persons were armed with Kalashnikovs but the complainant and eye-witnesses had not explained how they were sure that the accused had fired at the deceased---Accused persons were residents of adjoining village but the complainant had failed to recognize them at the place of incident---None of the persons who were attracted to the spot had come forward to identify or name the accused---No description of accused persons was given in the FIR---Nothing was recovered from the possession or on the indication of accused while being in police custody---Case was lodged with a delay of two days---Statements of eye-witnesses naming the accused persons were recorded after 13 days of the incident---No identification parade of the accused was held---Accused was entitled to be released on bail---Petition for grant of bail was allowed, in circumstances. Muhammad Iqbal v. The State 1984 SCMR 930; Mehmood Ahmed and 3 others v. The State and another 1995 SCMR 127; Lal Pasand v. The State PLD 1981 SC 142; Muhammad Rafique v. The State 1997 SCMR 412; Waris Muhammad v. Haji Ahmad Yar and another 1976 SCMR 182 and Shahzado v. The State PLD 2002 Kar. 402 rel. ORDER NADEEM AKHTAR, J.--- This is an Application under section 497 of the Code of Criminal Procedure, 1898, whereby the applicant has prayed that he may be admitted to bail pending trial in Sessions Case No.372/2011 before the IVth Additional Sessions Judge, Mirpur Mathelo, District Ghotki, in Crime No.79/2011, Police Station Mirpur Mathelo, District Ghotki, under Sections 302, 148 and 149 of the Pakistan Penal Code, 1860. 2. Briefly stated, the facts of the case are that an FIR was lodged on 01 04.2011 at 11:00 a.m. by one Gul Muhammad son of Pathan Pitafi (complainant) with the Police Station Mirpur Mathelo,…

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