Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) & 498-A---Penal Code (XLV of 1860), Ss. 324, 337-H(2), 148, 149 & 114---Attempt to commit qatl-e-amd, hurt by rash or negligent act, rioting armed with deadly weapons, unlawful assembly---Bail, grant/confirmation of---Further inquiry---Delay in lodging F.I.R.---Contradiction between medical and ocular evidence---Prior dispute between parties---Probability of false implication---Effect---Accused and co-accused persons were alleged to have caused hatchet and lathi blows to the injured witness---Record reflected that there was a dispute over land between the parties---Inordinate delay of about 31 hours in lodging of FIR had not been plausibly explained by the prosecution---Prosecution alleged that accused and co-accused persons caused injuries with hatchets and lathies but as per medical report of injured witness, all injuries sustained by him were caused by a hard and blunt object, therefore, the medical evidence was in contradiction to ocular evidence---No injury had been specifically attributed to any of the accused---False implication of accused and co-accused persons could not be ruled out---Case was one of further inquiry---Accused was allowed bail in circumstances, while interim pre-arrest bail already granted to co-accused persons was confirmed. Abdullah v. The State 2001 MLD 1554; Aziz and 2 others v. The State 2007 PCr.LJ 299 and Hamid v. The State 2010 PCr.LJ 1700 rel. (b) Criminal Procedure Code (V of 1898)--- ORDER NAIMATULLAH PHULPOTO, J.---By this single order, I intend to dispose of aforesaid bail applications moved on behalf of applicants/accused, as the same arise out of Crime No.64 of 2012, registered at Police Station Lakhi Gate, District Shikarpur, under sections 324, 337-H(2), 148, 149, P.P.C. 2. Brief facts of the prosecution case as disclosed in the F.I.R are that complainant has stated that he has dispute with accused Rehmatullah and others over the land and accused Rehmatullah and others were annoyed with complainant party. On 29-8-2012, at morning time complainant along with his brother Shahmore, nephews Rano and Taj Muhammad were going in Qingqi-Rickshaw to Shikarpur,…

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