Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 324

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.324---Attempt to commit qatl-e-amd---Pre-arrest bail, grant of---Further inquiry---F.I.R., in the case was lodged with delay of about 9 days without any proper explanation for said delay---Accused persons allegedly fired upon the complainant and according to the Mashirnama, complainant had received one injury, but as per provisional medical certificate, he received 11 injuries---Said medical certificate was suspended by the Medical Superintendent due to non-appearance of the complainant before the Medical Board---Since there was conflict between the contents of the F.I.R., Mashirnama of injuries and medical certificate; and there was delay of 9 days in lodging the F.I.R., case of accused persons was of further inquiry---Interim bail already granted to accused person was confirmed, in circumstances. ORDER GHULAM SARWAR KORAI, JUSTICE:---.--- Through Bail Application No.892 of 2010 Applicants Muhammad Khan and Muhammad Issa seek their pre-arrest bail and in the Bail Application No.275 of 2011 Applicant Muhammad Usman seeks his release on bail. Since both the bail application are out of Crime No.459 of 2010 of Police Station Tando Allahyar therefore, I intend to dispose of the same through common order. Facts of the case are that on 16-11-2010 at 2300 hours Complainant Karim Bux (lodged F.I.R. stating therein that Abid Hussain, son of his sister, married with Mst. Aisha with her free-will and without consent of her parents therefore, brother and cousin of Mst. Aisha were annoyed. On 7-11-2010 the Complainant along with his brother Muhammad Amin went to Tando Allahyar on their motorcycle for the purpose of purchasing some things and while they reached at Jara Water, one white car crossed them and stopped in their front. From the car Muhammad Essa, Muhammad Khan, Ghulam Qadir and Muhammad Usman got down. They were armed with gun, country made pistol and pistol respectively while Muhammad Usman was empty-handed. Applicant Muhammad Usman allegedly instigated the other accused therefore all accused made straight fires upon the complainant, who became injured and then all accused made their…

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