Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 396,324,148,149

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.396, 353, 324, 148 & 149---Dacoity, assault and attempt to commit qatl-e-amd---Bail, grant of---Further inquiry---F.I.R. was lodged after the delay of 5 hours, but no plausible explanation had been put forth by the prosecution---No role had been assigned to accused persons as incident was unseen---Dead body was received by the Doctor much prior to the lodging of F.I.R., but postmortem report carried F.I.R. number---At the bail stage deeper appreciation of the evidence could not be gone into and only a bird eye-view was to be kept on the record---Case being fit whereby further inquiry was called for in terms of S.497(2), Cr.P.C., accused were admitted to bail, in circumstances. Iftikhar Hussain and others v. The State 2004 SCMR 1185 and Paryal v. The State 2006 PCr.LJ 1212 rel. ORDER MUHAMMAD TASNIM, JUSTICE:---.--- Applicants Muhammad Ashraf and Abdul Aziz have filed this application seeking post arrest bail who are required in F.I.R. Crime No. 27 of 2010 Police Station, Tando Masti registered for offence under sections 396, 353, 324, 148, 149, P.P.C. The prosecution story is that the case was initiated on an F.I.R. lodged at the instance of SIP Long Khan Shar on behalf of State on 15-2-2010 at 1500 hours alleging therein that present applicants Ashraf having Kalashinkov and Aziz having TT pistol along with 5 unknown persons with rifles and kalashnikovs stopped the Oil Tanker on the point of weapons in order to commit robbery and due to fear of weapons the Tanker was stopped and robbed cash and mobile from the driver and cleaner Muhammad Qasim. As Muhammad Qasim resisted the accused on which the accused made direct fire upon him, which hit him and he died on the spot; hence the F.I.R. was lodged as stated above. The learned counsel for the applicants submits that the F.I.R. was lodged in the matter at 1500 hours on 15-2-2010 whereas incident took place in midnight of 14-2-2010 at about 2330 hours. He further submits that seven accused namely Muhammad Ashraf, Abdul Aziz and 5 unknown have been implicated in the case. He points out that Muhammad Ashraf and Aziz are real…

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