Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979

Section: 17(4)

Law: West Pakistan Arms Ordinance (XX of 1965)

Section: 13(d)

Law: Pakistan Penal Code, 1860

Section: 324,353

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.353 & 324---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---West Pakistan Arms Ordinance (XX of 1965), S.13(d)-Assault, attempt to commit qatl-e-amd, haraabah and possessing arms---Bail, grant of---Further inquiry---Incident was unseen and the only witness who was present at the site did not know the name of accused, nor he had ever seen him prior to the incident---No identification parade had been held---Case was fit for grant of bail calling for further inquiry. THIS ORDER PASSED BY: MUHAMMAD TASNIM, JUSTICE:---.--- Applicant Mujahid Shah has filed this application seeking post-arrest bail, who is required in F.I.R. Crime No.7 of 2010 Police Station, Bagirji registered for an offence under sections 353 & 324, P.P.C., 17/4 H.O. and 13-D Arms Ordinance. Prosecution story is that the case was initiated on an F.I.R. lodged at the instance of complainant SIP Munawar Ali Soomro on behalf of the State on 10-2-2010 at 1000 hours alleging therein that the present applicant along with his other companions had put the stones on the road and signaled the loaded Truck with rice coming from Baluchistan. On their signal, the truck was stopped. Driver of the Truck Nisar Ahmed alighted from the Truck and above accused tried to rob him but on his resistance, the accused committed his murder by means of making fire shot. Learned counsel for the applicant has submitted that the incident is unseen and that there was delay of 14 hours in lodging of the F.I.R. but the same has not been explained. He has further submitted that identification parade has not been held till date and that the accused persons implicated in this case are blood relations. He has also submitted that the police has implicated the present applicant with mala fide intention as the applicant had enmity with the area police on the dispute over the land. He has also further…

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