Law: Criminal Procedure Code (V of 1898)

Section: 497(3), (S)

Law: Penal Code (XLV of 1860)

Section: 458

Criminal Procedure Code (V of 1898) S. 497(3) & (S)-Bali'- Bail order too brief not containing any reasons-Order, held, not a speaking order and cancelled-Penal Code (XLV of 1860), S. 458.   ORDER This is an application under section 497 (5), Cr. P. C. for cancellation of bail of respondents Nos. 1 to 4 granted by the Magistrate on 1-4-1971. The relevant facts of the case are that on the night between the IIth and 12th of March 1971 petitioner Muhammad Amin Shad along with his wife and infant child was sleeping in his house in Nai Abaci Gakhar. At about 12-45 a.m. he beard some noise in the courtyard. It was a moonlitnight. It is further alleged that the electric lamp fitted in the courtyard was also kindling. . The petitioner on opening the door found respon dents Nos. 1 and 2 standing adjacent to the door. Respondent No. 1 was armed with a hockey stick white respondent No. 2 had a danda in his hand. They ordered the petitioner not to raise any noise otherwise he would be done to death. The respondents then asked the petitioner to hand them over the keys of the box in which ornaments and cash were kept by him. The petitioner replied that he did not have any cash or ornaments in the house. Upon this respondents Nos. 1 and 2 started beating him with their respective weapons. On hearing the cries the petitioner's wife Mst. Nargis also rushed to the courtyard. She raised art alarm upon which both the respondents gave beating to her also with their respective weapons. Respondent No. 1 is further alleged to have pulled out a knife from his dab and caused injury on the head of the petitioner with it. On hearing the alarm Syed Munir Shah Dr. Abdul Rashid and Muhammad Asif Butt P. Ws. who live in the adjoin in houses got up and shouted that they were coming to the help other petitioner and his wife. On this respondents Nos. 1 and 2 jumped over the wall, and ran away. Respondents Nos. 3 and 4 also succeeded to run, away. The respondents while running away left their hockey stick danda knife muffler and dhoti on the spot. The P. Ws. mentioned above reached the spot and identified Muhammad Akram, Allah Rakha and Muhammad Afzal as the assailants running…