Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.320/322/337-G---Qatl-e-khata, qatl-bis-sabab, hurt by rash or negligent driving---Bail, refusal of---Matter had gone upto Supreme Court, which had, prima facie, found the accused involved in the case---Contention that since the accused had been declared innocent by police in investigation and placed in Column No.2 of the challan, they were entitled to bail, was misconceived---Ipse dixit of police was not binding on the court---Occurrence had taken place in broad-daylight---Accused were named in the F.I.R. with specific role---Previous enmity between the parties was admitted---All the contentions raised on behalf of accused would be considered at the trial---Bail was declined to accused, in circumstances. ORDER CH. MUHAMMAD TARIQ, J.---The petitioners seek their bail after arrest in case F.I.R. No.255 of 2010 dated 28-6-2010 registered under sections 320, 322, 337-G, P.P.C. at Police Station Kot Chhutta District Dera Ghazi Khan. 2. The allegations against the petitioners are that Tayyab and Muhammad Yousaf were proceeding back to their house on a motorcycle after getting diesel from the agency. The complainant and Saeed were following them on another motorcycle. They saw that the petitioners were present on their motorcycle at Noor Wala and chased them. As soon as they reached opposite to Shahzad Cotton Factory nearby to PSO Petrol Pump, Bashir Ahmad showed pistol to Tayyab. The petitioner tried to intercept them and the motorcycle became out of control by Tayyab. Resultantly Tayyab and Muhammad Yousaf were crushed over by back wheels of a troller. Muhammad Yousaf died at the spot whereas left leg of Tayyab upto knee joint was crushed over completely and left arm was also fractured. 3. Learned counsel for the petitioners contends that the petitioners are innocent and have been falsely implicated in this case by the complainant due to previous enmity. Before filing of complaint, a criminal case F.I.R. No.255 of 2010 dated 28-6-2010 was registered against the petitioners. The Investigating Officer after investigation declared all the petitioners innocent and had submitted challan…

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