Law:

Section:

Keywords: Confinement, Order, Remand, Prosecutor, Petitioner, Magistrate, Custody, Notice, Care, Copy, Presumption, Issuance, Procedure, Waste, Recording, Private Complaint,, Regular Hearing, Defence, Cancellation, Investigation, Orders, Grounds, Consideration, Prima Facie, Guilty, Proceedings, Registered, Call, Copies, Exchange, Place, Presentation, Testimony, Practice, Necessity, Proceeds, Leave, Information, Evidence Result: Application allowed JUDGMENT The applicant is the complainant and respondents 1 to 4 are the accused persons in a private complaint which has been filed before the learned City and Additional District Magistrate, Karachi under sections 302 read with 3; and 201 of the Pakistan Penal Code. The learned Magistrate after recording the statement of the applicant under section 202 of the Criminal Procedure Code ordered a preliminary inquiry and in the course of this inquiry examined, beside the applicant himself, three other persons as witnesses who were produced by the applicant, namely an Assistant Sub-Inspector of Police named Muhammad Hussain, Manzoor Hussain and one Barkat. At the end of the preliminary inquiry the learned Magistrate issued non-bailable warrants of arrest against the respondents. Before the warrants could be executed, however, all four of the accused persons applied to the Court of Session and by his order dated the 19th of May 1973, the learned III' Additional Sessions Judge, Karachi gave interim bail before arrest and in the meantime gave notice to the Public Prosecutor. He eventually decided the application by a final order dated the 26th July 1973, and confirmed the bail. The present is an application for cancellation of this bail and the remand of the four accused persons who are respondents before me to, custody pending their trial. The case of the applicant as was reflected in the complaint which h67 filed before the learned City and Additional District Magistrate in brief was that the deceased Abdul Rashid was a constable of police and a personal friend of the applicant. On the 9th of April 1973, late at night the deceased came to the applicant having just returned from leave at his native place and on his way to…

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