Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.302/34---Qatl-e-amd---Bail, grant of---Further inquiry---Name of accused did not find place in the F.I.R. and delay in lodging F.I.R. had not been properly explained by the prosecution---Accused was implicated on the basis of statements of complainant under S.164, Cr.P.C. which was recorded after 4 days of occurrence, and such delay had not been explained by the prosecution---Said grounds were enough to enlarge accused on bail---Tentative assessment was to be made at bail stage and it was to be seen as to whether accused was prima facie connected with the commission of offence or not---Case was fit wherein further inquiry in terms of subsection (2) of S.497, Cr.P.C., was called for---Accused was admitted to bail, in circumstances. Mumtaz Hussain and 5 others v. The State 1996 SCMR 1125; Muhammad Amjad v. The State 2007 MLD 421 and Raza Rashid v. The State 1988 SCMR 281 rel. ORDER MUHAMMAD TASNIM, J.---The Applicant is booked in Crime No. 149 of 2009 registered with Police Station Tharu Shah, for offences under sections 302, 34 P.P.C. It is alleged in the F.I.R. that the complainant along with his family members was proceeding towards Hyderabad and on the way somewhere near Tharu Shah, at about 1145 hours, three persons, out of whom two were armed with Pistols and the third was armed with Repeater were seen in the light of vehicle, whose faces were opened and the complainant would identify them, if they are seen again. The persons armed with Pistols signaled the vehicle to stop and called the person armed with Repeater saying that the brother of complainant should not be spared and be murdered, fired upon him, who became injured and, accordingly, was taken to Tharu Shah Hospital and subsequently, died, hence this F.I.R. was lodged. Learned counsel for the applicant submits that there is delay of three days in lodging of F.I.R. which has not been explained by the Prosecution. He further says that none of the accused is nominated in F.I.R. He also says that present applicant was implicated on the basis of statement of complainant under section 164, Cr.P.C, which was recorded after…

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