Law:

Section:

Keywords: Registered, Discretion, Certificate, Vehicle, Discretionary Powers, Defence, Grounds, Procedure, Refusal Of Bail, Benefit Of Doubt, Magistrate, Parties, Evidence, Petitioner, Offences, Assault, Plea, Orders, Information, Functions, High Court, Prima Facie, Investigation, Refusal, Prosecution, Cancellation, Order, Prosecution Witness, Cancellation Of Bail, Minutes Result: Petition dismissed ORDER By these three Crl. Misc. Applications, petitioner Bakhtiar Khan prays for cancellation of bail granted to respondents Syed Zia Abbas, Tariq Saeed and Mir Ajab Khan, by It Additional Sessions Judge, Karachi. The three respondents, alongwith 5 others, namely, Habib-ur-Rehman, Rustam Khan, Zabta Khan. Muhammad Akbar and Hussain Khan are accused in a case under sections 302, 307/149, P. P: C. Which was registered at the Jackson Police Station, Karachi, on 6th September, 1974, at 1-45 p.m. The incident is said to have occurred 15 minutes earlier, at a distance of two furlongs from the Police Station, opposite Qadri Hotel in which the three persons, namely, Noor Hassan, Abdul Hassan and Fazal Qayyum were injured. The injuries on two victims Noor Hassan and Abdul Hassan proved to be fatal, former died on the spot, whereas latter succumbed to the injuries on the same day at about 5 p.m. The First Information Report of the Crime was lodged by the petitioner Bakhtiar Khan, who claimed to have seen the occurrence. According to the version of the incident given by him in the F. I. R. He was sitting in a shop opposite to Qadri Hotel when he saw Jeep No. KAX-7626 being driven by Habib-ur-Rehman, Rustam Khan and Zabta Khan sitting with him on the front seat, and Muhammad Akbar, Tariq Aziz (whose name was subsequently substituted by him for Tariq Saeed) and Syed Zia Abbas sitting on the rear seat. Mir Ajab Khan followed the jeep on the scooter. At that time Noor Hassan, Abdul Hassan and Fazal Qayyum were standing in front of Qadri Hotel, and seeing them Syed Zia Abbas stopped the jeep and asked his companions "to take advantage of the situation and finish their enemies." Habib-ur-Rehman was the first to open the assault by firing his gun, and, the bullet hit Noor Hassan in…

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