Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 396

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.396---Dacoity with murder---Bail, grant of---Further inquiry---Name of the accused was not mentioned in the daily diary but was subsequently added to the F.LR:---.---Allegations against the accused were not in line with the medical evidence on record; benefit, if any, should go to the accused---Presence of the accused on crime scene was yet to be determined after recording of evidence---Delay in lodging of the F.I.R. and recording of statements of witness under S.161, Cr. P. C. remained unexplained--- Case required further inquiry---Accused was admitted to bail. Nooruddin and another v. The State 2005 MLD 1267 rel. Amjad Ameen v. The State Criminal Bail Application No.S-230 of 2010; Passand and 3 others v. The State 2003 PCr.LJ 747; Attaullah and 3 others v. The State and another 1999 SCMR 1320; Muhammad Akbar and 4 others v. The State and another 1978 SCMR 7; Khadim Hussain v. The State and another 1978 SCMR 147; Mumtaz Hussain and 5 others v. The State 1996 SCMR 1125; Zulfiqar v. The State 2002 PCr.LJ 791; Mehar and another v. The State 2000 PCr.LJ 1178; Muhammad Ali v. The State 2008 PCr.LJ 87; Tariq Bashir and 5 others v. The State PLD 1995 SC 34 and Syed Amanullah Shah v. The State PLD 1996 SC 241 ref. THIS ORDER PASSED BY: MUHAMMAD TASNIM-J:---.--- This bail application is directed against the order passed by learned I-Additional Sessions Judge Ghotki dated 26-4-2010 in Session Case No. 59 of 2010. 2. The case as set out in the F.I.R. is as under: "Complaint is that Saindad was my real brother. On 6-1-2010, I along with my brother Saindad, my uncle Manjhee and cousin Ali Hassan left our village and set out for Ghotki. I and my brother Saindad were ahead on a Motorcycle being driven by my brother Saindad and some distance behind us my uncle Manjhee and cousin Ali Hassan were coming in their motorcycle. When we reached on link road of Jan Muhammad Society near Chadki Bridge it was 7-00 a.m. we saw seven armed persons on the road those were identified by us to be Mukhtiar Ahmed. (2) Amanat both sons of Meeran by caste Chachar originally resident of Meeran-Darro at present…

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