Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 324,337-F(ii),353,399,402,427

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.324, 353, 402, 399, 337-F(ii) & 427---Attempt to commit qatl-e-amd, assault, assembling for purpose of committing dacoity, badiah to any person and mischief---Bull, grant of---Further inquiry---Evidence at bail stage could not be appreciated and only bird eye-view was to be kept on record just to find out as to whether accused was connected with the commission of alleged offence or not---F.I.R. had shown that the allegations made therein were general in nature and no specific role whatsoever had been assigned to accused---Case fell within the ambit of S.497(2), Cr.P.C. calling for further inquiry at the trial---Accused was released on bail, in circumstances. THIS ORDER PASSED BY: MUHAMMAD TASNIM, JUSTICE:---.--- This bail application is directed against the order dated 29-4-2010 passed by the learned Additional Sessions Judge, Naushahro Feroze whereby declining the bail to the present applicant, who is wanted in F.I.R. Crime No.131 of 2009 Police Station, Naushahro Feroze registered for offence under sections 324, 353, 402, 399, 337-F(ii) & 427, P.P.C. Prosecution story is that the case was initiated on an F.I.R. lodged at the instance of A.S.-I. Arbab Ali Mari on behalf of the State on 26-7-2009 at 0600 hours alleging therein that police party left the police station vide Entry No.25 dated 25-7-2009 at 1900 hours for patrolling and during patrolling when they reached at Darro Sunny Pump on 26-7-2009 at 0030 hours they saw on the light of vehicle 13 persons including present applicant Munawar having Kalashinkovs, Rifles and Guns standing on the western side of the road and on seeing .the police party, the accused made straight firing upon the police party and in exchange the police also made firing, in the result S.H.O. Long Khan Sitar received fire shot injury on his leg. The encounter took place between the accused and police which continued for about 20 minutes; hence the F.I.R. was lodged as stated above. Learned counsel for the applicant' has argued that no specific role has been assigned to the present applicant. He further argued that the allegations made in the…

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