Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.395/353/324/302/114---Dacoity, assault or criminal force to deter public servant from discharge of his duty, attempt to commit qatl-e-amd, qatl-e-amd, abettor present when offence is committed---Bail, grant of---Complainant (police official) had alleged that he along with the deceased (police official), were standing at a naka (checkpoint), and when complainant went away to urinate, he heard cries of the deceased and saw the accused along with his co-accused persons, and on hakal (instigation) of accused, one of the co-accused persons fired upon the deceased---Validity---No explanation was provided as to why two (2) days were taken in registration of F.I.R. for a case in which a police official had been done to death---When complainant was busy in urinating, question was as to how he could have seen the person instigating (hakal), and if complainant had heard someone instigating then his attention should have been attracted by the sound of the instigation (hakal) rather than the cries of the deceased which followed, and if the sound of the instigation (hakal) had not attracted complainant's attention, then how could he have stated as to who instigated---Accused was stated to be empty-handed and it was alleged that he had caused no injury to anyone---Accused had earlier been recovered by a raid Commissioner , when an application for his illegal detention had been filed before the High Court---Upon inquiry of such illegal detention of accused , four police officers had issued statements of allegations in respect of the alleged illegal detention---Case against accused was doubtful and, in circumstances, he was admitted to bail. Tariq Zia v. The State 2003 SCMR 958 and Yaroo v. The State 2004 SCMR 864 ref. Mumtaz Hussain and 5 others v. The State 1996 SCMR 1125 distinguished. ORDER SHAHID ANWAR BAJWA, J.---F.I.R. No.243 of 2011 was recorded at Police Station; Pano Akil on 17-8-2011 at 1230 hours for an incident alleged to have occurred two days and one hour earlier. Complainant was PC Meenhon Khan. He stated that he and his cousin PC Muhammad Ali, the deceased, were both posted at…

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