Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 302

Criminal Procedure Code (V of 1898) S. 498-Bail in murder case-Co-accused already released on bail-Case of accused applicants not distinguishable from that of co-accused-Concession of bail also extended to applicants-Bail application of another accused, his case standing on different footing however, rejected-Penal Code (XLV of 1860), S. 302                                                                                                                          ORDER Mr. A. R. Shabab Mufti, the learned counsel for the State, has frankly conceded that the case of the present petitioners is not distinguishable from that of Ghulam Muhammad 60-accused who has already been granted bail vide order dated 1-4-1971. However, he vehemently opposed the grant of bail to the present petitioners who are involved in serious offences like murder etc. The prosecution has so far examined 17 witnesses. Except complainant Manak and his brother Lal, none of the alleged eye-witnesses has supported the prosecution case. Muhammad son of Dulla, Nukra son of Walia Khokhar, Kamira son of Nadira, Shamira son of Nadira, Salim son of Muhammada, Ghulam Hussain son of Ahmad Khokhar, Shah Muhammad alias Shahmand son of Nukra, Rehmat Ali son of Ghulam Muhammad and Falak Sher son of Noor Muhammad P.Ws. were declared hostile by the prosecution and were allowed to be cross-examined by the P. S. I. In spite of the cross- examination by the P. S. I. nothing useful has been brought out on the record to support the prosecution case. As regards Lal P. W. he has attributed specific part to Rab Nawaz and Shahna co-accused who fired and killed Shahmand and Yaqoob deceased persons. The other accused persons including the present petitioners are assigned no specific part as regards the injuries to the deceased and the injured persons are concerned. However, Manka P. W. has stated that (MUJHE SHERA KA FIRE…