Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,396,397,148,149

Law: Offences Against Property (Enforcement of Hudood) Ordinance, 1979

Section: 17(4)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 396, 397, 148 & 149---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---Qatl-e-amd---Dacoity with murder, robbery and Haraabah---Bail, grant of---Further inquiry---Deeper appreciation of the evidence could not be gone into at bail stage and tentative assessment was to be made just to find out, as to whether accused were connected with offence or not---Ocular version of the case was not supported by the medical version---Unexplained inordinate delay in lodging of F.I.R.---Medical evidence as well as Mashirnama, Danishnama and other documents were doubtful which were prepared much prior to the lodging of F.I.R., which had made the case that of further inquiry in terms of subsection (2) of S.497, Cr. P. C. ---Accused was admitted to bail, in circumstances. ORDER MUHAMMAD TASNIM, JUSTICE:---.--- The applicants are booked in Crime No. 14 of 2009 registered with Police Station Baradi Jatoi, for offences under sections 302, 396, 397, 148, 149, P.P.C. and 17/4, Offences Against Property (Enforcement of Hudood) Ordinance, 1979. Facts of the case, in nutshell, as per F.I.R. are that Complainant Ali Murad lodged the same on 1240-2009 by alleging that due to murderous dispute between Complainant party and Sanwan and others. Complainant’s cousins Ali Nawaz and others had shifted to Bagerji, and later on, they were asked by Complainant party to return the Faisla. While returning, Complainant’s cousins Ali Nawaz, Wazir and others along with their cattle, when reached near village Mir Muhammad on 11-10-2009 at 08-00 p.m., Accused Wali Muhammad, Ali Sher, armed with guns Allah Dito, Hameed, Manthar and three unidentified persons who were armed With K.Ks, came and due to murderous dispute fired at Complainant party and took away 14 buffaloes. The Complainant party after the accused had gone, saw Ali Nawaz and Wazir, who had sustained injuries, were died. Due to odd hours, F.I.R. could not be registered and the same was registered on the next day. Learned counsel for the applicants has pointed out that as per F.I.R., incident took place at 08-00 p.m. on…

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