Law: Criminal Procedure Code (V of 1898)

Section: 497,498

Law: Penal Code (XLV of 1860)

Section: 269,270,337-J

Criminal Procedure Code (V of 1898)--- ----Ss. 497 498---Penal Code (XLV of 1860), Ss. 269, 270 337-J---Negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, causing hurt by means of poison---Bail, grant of---Non-availability of Chemical Examiners report---Non-association of independent witnesses---Further inquiry---Scope---Accused sought post-arrest bail in an FIR registered under Ss. 269, 270 337-J, P.P.C., whereas co-accused sought pre-arrest bail in the same FIR---No independent person was picked up to act as mashir either from the place where the police allegedly received information or from the alleged place of recovery although both the places were in populated areas---Weight of the contraband was not mentioned in the FIR---Chemical Examiners report was not available on record---Case required further inquiry into the guilt of accused persons and their case fell within the ambit of S. 497(2), Cr.P.C., which entitled them to the grant of concession of bail--- Applications for grant of bail were allowed, in circumstances. ORDER KHADIM HUSSAIN M. SHAIKH, J.--- By this common order, I intend to dispose of captioned Criminal Bail Application No.S-67 of 2020, whereby applicant Moula Bux alias Moulai Mallah son of Muhammad Mirbahar Mallah, seeks pre-arrest bail and Cr. Bail Application No.S-69 of 2020, whereby applicant Allah Bux son of Gul Muhammad Mangrio, seeks his release on post arrest bail, arising out of the case, emanating from FIR No.310 of 2019, registered at Police Station Pabban/Husri for offences under sections 269, 270 and 337-J, P.P.C., after their such bail pleas have been declined by the learned Vth: Additional Sessions Judge, Hyderabad by dismissing their bail applications vide order dated 16.01.2020. 2. The learned Advocate for the applicants has mainly contended that the applicants are innocent and they have been falsely implicated in the subject case by complainant ASI Ghulam Shabir Jamali as unfortunately Qingqi-Richshaw of applicant Allah Bux had hit the police mobile van, in which the complainant and other staff were patrolling; that no independent…

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