Law: Governor-Criminal Procedure Code (V of 1898)

Section: 497 (5) , 302

Criminal Procedure Code (V of 1898)----  ----S. 497(5)---Penal Code (XLV of 1860), S.302/34---Bail, cancellation of-- Final report in case had since been prepared and challan had also been completed---Three versions of prosecution story were put forth and each one of them was radically at variance with the other---Such circumstances had injected an element of uncertainty into the case and it was difficult to say which one should be chosen in preference to others especially when those divergent, versions emerged from three different investigating agencies to whom further enquiry was entrusted from time to time---Petition for cancellation of bail filed by complainant, was rejected by Court below by passing speaking order which was neither arbitrary, nor perverse---Order rejecting petition for cancellation of bail passed by Court below, could not be interfered with in circumstances.    Date of hearing: 24th May, 1995.  JUDGMENT  The petitioner/complainant had lodged the present case vide F.I.R. No.66 dated 8-7-1994 under section 302/34, P.P.C., registered in Police Station, Nara, wherein he charged respondent No.l Hasrat Ali alias Bhutto to have killed his (the petitioner's) brother, Haji Muhammad Anwar, deceased, by firing at him with a shot gun. It was also alleged vide the same F.I.R. that respondent No.2. Muhammad Ilyas, had accompanied Hasrat Ali alias Bhutto (respondent No.1) and was present at the time of the occurrence. No spec role was, however, attributed to respondent No.2. It was alleged that the occurrence was witnessed by P.W. Atta Muhammad and P.W. Muhammad Amjad.  It may be stated here that the two P.Ws., who are alleged to have seen the occurrence, are closely related to the petitioner/complainant. However, during the course of investigation by the first investigating officer, P.W. Atta Muhammad, did not support the version of the petitioner/complainant, instead he gave a different version of…