Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 114,147,148,149,302,337-H(2)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 114, 147, 148, 149 & 337-H(2)---Qatl-e-amd and causing hurt by rash or negligent act---Bail, grant of---Further inquiry---Name of accused was nowhere available in the F.I.R., assigning any role in commission of offence---Complainant as well as eye-witness had categorically stated that accused had been named, either by mistake or due to mala fide of the Police; and that he was not present at the time of incident on the relevant date---Both the witness and complainant had sworn affidavits, exonerating accused from the commission of offence for which F.I.R. was lodged---Swearing of the affidavits by two deponents, in circumstances, had shown that a case of further inquiry had been made out, more particularly, when the other 18 accused persons, were absconding; and the fact that name of accused did not appear anywhere in the body of the F.I.R. itself---Accused having made out case for bail in terms of subsection (2) of S.497, Cr.P.C. was admitted to bail, in circumstances. Muhammad Nawaz alias Najja v The State 1991 SCMR 111 and Allah Bux v. Mazhar Hussain Shah and others 1979 SCMR 137 rel Sanaullah and 3 others v The State 1983 SCMR 15 and Shah Zaman and 2 others v The State PLD 1994 SC 65 distinguished THIS ORDER PASSED BY: SALMAN HAMID, J.--- According to the contents of the application, the case, in nutshell, is that on or about 10-9-2007 at about 0730 hours, one Mr. Ghulam Muhammad, son of Mr. Muhammad Murad Chachar (complainant) lodged F.I.R. No.16 of 2007 (F.I.R.) at Police Station Sadhooja, District Sukkur under sections 302, 114, 147, 148, 149 and 337H(2) of the Pakistan Penal Code against the following persons namely 1. Shano 2. Pandho 3 Faisal 4 Wahid son of Abdul Hakeem 5 Sadoro son of Jogi 6 Ali Bux son of Muhammad Murad 7 Ismail 8 Khairpur Muhammad, both sons of Sain Bux 9. Daher son of Suhino, 10 Sher Khan 11 Ghulam Muhi-u-din aliases Mehran, both sons of Karim Bux 12 Mouj Ali 13 Sabz Ali both sons of Bilawal 14 Karimdad alias Dholan and 15 Arbab son of Sadoro and three unknown persons 2. The allegations in the F.I.R. against the above 18 accused persons were…

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