Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,302,342,337-H(ii)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 342, 337-H(ii) & 34---Qatl-e-amd, wrongful confinement, rash and negligent act to endanger human life, acts done in furtherance of common intention---Bail, grant of---Further inquiry---F.I.R. was not in line with the statements of witnesses under S.161, Cr. P. C. ---Delay in lodging of F.I.R. and recording of statements of the witnesses cast shadow of doubt on prosecution case necessitating further inquiry---Accused was admitted to bail. Nooruddin and another v. State 2005 MLD 1267; Mehmood Akhtar v Haji Nazeer Ahmed and 4 others 1995 SCMR 310; Muhammad Haroon and another v. The State 1994 SCMR 2161; Basharat Hussain v. Ghulam Hussain 1978 SCMR 357 and Inayatullah v. The State 2004 YLR 2182 ref. Mazhar Iqbal v. The State and another 2010 SCMR 1171; Muhammad Azam and others v. The State 1990 SCMR 1319 and Gul Bahr and another v. The State 2002 PCr.LJ 1277 distinguished. THIS ORDER PASSED BY: MUHAMMAD TASNIM, J.- Applicant Ghulam Murtaza has tiled this application seeking post arrest bail, who is wanted in F.I.R. Crime No. 18 of 2010 Police Station, Abad District Sukkur registered for offence under sections 302, 342, 337-H(2), 34, P.P.C. The prosecution story as set-up-in the F.I.R. lodged by Complainant Azizullah on 9-2-2010 at 1130 hours is as under:-- "Complaint is that, I am government employee and deceased Muhammad Shuaib aged about 42 years was my younger brother and was businessman. Zulifquar Ali Jatoi and others were residing in bunglow adjacent to ours. On 8-2-2010, I had gone on my duty and my brother had gone to look-after his business. We both came back to house at night time and the', inmates of our housed told that the children of Zulifquar Ali have exchanged hot words with our children. I and my brother Muhammad Shuaib went to the house of Zulifquar Ali and others to make a complaint, We while standing outside of his house pressed the electric call bell on which (1) Zulifquar Ali (2) Sikander Ali, (3) Maqsood all three sons of Abdul Raheem by caste Jatoi and their servant Ghulam Murtaza son of Muhammad Sachal Chachar resident of Pano Akil came' out, and we…

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