Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Bail -- No specific part assigned to petitioner in commission of offence nor weapon of offence allegedly carried by petitioner named in F. I. R. and absconsion of co-accused not being a fact depriving petitioner to secure bail-Allegations against petitioner, held, war rant further enquiry and bail allowed. Date of hearing: 22nd December, 1979.                                                                                                         ORDER The incident in this case had taken place on 24th August, 1979 at morning prayer time and F. I. R. was lodged by Bakshee at 8.30 a.m. at P. S. Khanpur where it was alleged that the complainant, his father, his mother, his wife and son Ghulam Qadir were sitting in their house when 18 or 19 armed men came with their faces open. Names of 18 persons are given in the F. I. R. who are all alleged to be Bezdars. Khan Mohammad, Mehar, Hidu, Manglo and Bangui accused were armed with guns, whereas other accused had other weapons. The accused started firing immediately. The complainant hid himself. After firing, the accused went away saying that Lunds have murdered Bezdars, there fore, we avenged it. As a result of firing, father and mother of complainant died and his wife and son were injured. Only four accused out of 18 have been arrested so far, other 14 are in hiding. Out of present 4 applicants only one Hidu was alleged to be carrying gun and having used it. The other applicants were not carrying any gun. Mr. Maqbool Ahmad Khan has stated that he does not press for the grant of bail to Hidu as there is specific part assigned to him in F. I. R. Consequently, the appli cation of Hidu is rejected. Mr. Maqbool states that Sachu, Shahmir and Allah Bux have not been assigned any role in the F I. R. nor is it specified as…