Law: Criminal Procedure Code (V of 1898)

Section: 161,497(2)

Law: Pakistan Penal Code, 1860

Section: 34,302,337-H(2)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 337-H(2) & 34---Qatl-e-amd and causing hurt by rash and negligent act---Bail, grant of---Further inquiry---Neither accused was named nor his description was given in the F.I.R.---Complainant and accused were caste fellows---Name of accused was disclosed by two witnesses in their statements under S.161, Cr.P.C. after about three days of registration of F.I.R.---No identification parade was held---No role was attributed even to the unknown accused---Case of accused being of further inquiry, his bail application was allowed, in circumstances. THIS ORDER PASSED BY: GHULAM SARWAR KORAI, J.--- Through this application, the applicant seeks his release on bail. Facts of the case are that on 8-5-2011 Muhammad Yousif lodged F.I.R. stating therein that Aijaz Ali and Ayaz Ali aged about 27/28 years are his sons. About one month back his son Ayaz Ali contracted love marriage with Mst.Zakia niece of Ali Akbar R/O Bhan Saeed Abad therefore, her parents were annoyed. They were requested by the complainant himself and people of his community and therefore, matter was settled in their between. On the day of incident his elder son Aijaz went to meet his relatives at Bhan Saeed. Complainant and his son Ayaz Ali along with his wife were sleeping in the courtyard of their house while at about 3-00 a.m they woke up and saw on the light of bulbs and identified accused Ali Asghar armed with repeater Wazir, Javed and one unidentified person armed with guns all R/O Village Radhan Bhan Saeed Abad Taluka Sehwan. Accused Ali Asghar fired from his repeater and enquired about Ayaz. In the meanwhile nephews of the complainant Muhammad Qasim and Gulzar also came there. Son of the complainant also woke up and tried to save him by running inside of his house but was chased by the accused. Accused Ali Asghar fired from his repeater with intention to kill him which hit him on his head. He raised cries and fell down. Then all accused made their escape. Complainant party saw that Ayaz Ali was injured and was dead. Then complainant lodged the F.I.R. After completing investigation challan was filed on 13-6-2011…

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