Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302---Qatl-e-amd---Bail, grant of--Earlier, the Trial Court had granted bail to accused persons, but subsequently on application filed by the complainant party, bail was rejected/recalled---Validity--Accused persons had made out case for grant of bail--Once bail had been granted by the Trial Court, it was available not open to the Trial Court to recall such bail without having any material before it that the concession of bail was misused; or accused person absented or avoided judicial process---No material was available on record to substantiate that accused had misused the concession of bail granted to them---Accused were admitted to bail, in circumstances. THIS ORDER PASSED BY: MUHAMMAD TASNIM, JUSTICE:---.--- The case of the prosecution set-out in the F.I.R. is as under:-- On 7-11-2009 complainant Ali Madad alias Ali Mural lodged F.I.R. alleging therein that there exists old enmity between him and Dille Jan over the landed property. The complainant cultivated paddy crop and after harvesting the same he collected the same on the land. On 6-11-2009 at evening time, when complainant along with his son Ghulam Murtaza alias Papoo alias Calendar were sleeping on the cot for supervising the paddy crop, at 11-30 p.m. complainant and his son woke up on the noise and on the moon light saw five persons standing over them. Out of them, three persons were identified to be Dille Jan with chopper (Kaat), Abdul Rahim with hatchet, Abdul Rahman armed with pistol and two unidentified persons aimed with guns. Accused Dille Jan while saying that complainant party will not be spared and will be murdered, he caused chopper blow to Ghulam Murtaza alias Papoo alias Calendar on his neck. The complainant fell down from the cot raising cries and saved himself. Then accused Abdul Rahim caused hatchet blow to Ghulam Murtaza on his neck. On hue and cry of the complainant, Ali Hassan and Hussain Bux, brother and uncle of complainant came running there, on seeing them accused persons ran away from the scene of offence. Thereafter complainant party saw that Ghulam Murtaza had died on the spot due to injuries.…

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