Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,343,201,114,34.506

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 343, 201, 114, 34 & 506---Qatl-e-amd, wrongful confinement for three or more days, causing disappearance of evidence of offence, criminal intimidation---Bail, grant of---Further inquiry---Accused had been nominated in the F.I.R. with specific role, but delay of 25 hours in lodging the F.I.R. and consultation and deliberation had been made prior to the lodging of F.I.R.---Incident had lasted nearly eight days, but same had gone unseen by any independent witnesses---No independent Masheers were involved at the time of recovery of dead body---No weapons had been recovered---Some contradictions were found in the F.I.R. and in the statements of the complainant’s party---No complaint or F.I.R. by any relatives/friends of the complainant party had been lodged as they were allegedly confined and missing for about eight days---No torture marks appeared on complainant party and they had not been medically examined to support the version of the complainant---Medico-legal report of the deceased would be evaluated at the time of trial; and at bail stage it could not be safely concluded whether it supported the case of the prosecution or the accused---Prosecution story was not free from doubt and reasonable grounds were available for believing that accused had not committed the offence---Accused had made out a case of further inquiry within the meaning of S.497(2), Cr.P. C., entitling them to concession of bail, in circumstances. 2009 YLR 209; 2010 SCMR 584; 2006 SCMR 66; 2033 SCMR 201; NLR 1993, 791 (sic); 2003 MLD 145; 1998 PCr.LJ 968; 2010 SCMR 1171; PLD 1994 SC 133; 1995 SCMR 1765; 2007 SCMR 482; 2002 PCr.LJ 1277; 2003 YLR 1884 and 2010 SCMR 1221 ref. ORDER TUFAIL H. EBRAHIM, JUSTICE:---.--- Through the instant Criminal Bail Application applicants Allah Julio alias Jurial, Allah Wadhayo and Muharam alias Dholoo seek bail in a case culminated from F.I.R. Crime No.47 of 2010 registered at Police Station Panoakil for offences under sections 302, 201, 114, 34, 506/2, P.P.C. Briefly the case of prosecution is that complainant Hote Khan lodged F.I.R. 1-3-2010 at 1300 hours in respect…

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