Law: Criminal Procedure Code (V of 1898)

Section: 497 , 326/34

Criminal Procedure Code (V of 1898)-- ---S.497---Penal Code (XLV of 1860), S.326/34--Bail--Night occurrence---F.I.R. was lodged after a delay of 8 days---Accused had been found innocent in more than one investigation by different police officials---Trial had commenced and any incriminating evidence available on record against accused was not pointed out- Case against accused was thus of further inquiry---Bail was granted to accused in circumstances. Ghulam Muhammad and others v. State 1986 PCr.LJ 1402; Mst. Irshad Begum v. Muhammad Afzal and others 1985 S C M R 1691; Akmal Masih and others v. Salamat Masih and 4 others 1988 S C M R 918; Umar Hayat and others v. State 1987 PCr.LJ 1579 and Muhammad Anwar v. State 1983 S C M R 1001 rel. Ashiq Muhammad Khan for Petitioner. Javaid Fazal Usmani for the State. ORDER The brief facts of the present bail application are that F.I.R. No.169 of 1988 under section 326/34, P.P.C. was registered at P.S. Noshehrah Jadeed, District Bahawalpur against the petitioner and two others by one Abdul Aziz, the complainant. According to the F.I.R. the accused are alleged to have thrown Acid on Mst. Maqboolan and her minor child on the night of 7/8-7-1988, thus causing them grievous injuries and as a result Mst. Maqboolan is alleged to have lost her eye-sight. The accused were granted bail after arrest by the learned Ilaqa Magistrate on 31-8-1988. Thereafter, an application for cancellation of the bail of the accused was heard and decided by the learned Sessions Judge, Bahawalpur on 30-1-1989, whereby the bail granted to the present petitioner was cancelled. The bail of the present petitioner was cancelled on the ground that the main role of throwing Acid on the injured was attributed to the petitioner, and that the plea of alibi, if any, shall be gone into at the trial. It was further held by the learned Sessions Judge that the lodging of the F.I.R. was considerably delayed but was disregarded with the observations that "it is a matter of common observation that it is very difficult for an ordinary person to get on the right side of the Police even in serious cases". The learned counsel for the petitioner contends that the…