Law: Criminal Procedure Code (V of 1898)

Section: 497, 498

Law: Penal Code (XLV of 1860)

Section: 307, 34

Criminal Procedure Code (V of 1898) S. 497/498-Bail-Accused already involved in nine similar cases--Likelihood of repetition of such offence to be considered seriously in bail matters-Merits of case cannot however be simply ignored-Accused on bail in all cases except present one ---Delay in lodging F. I. R. not explained satisfactorily-Prosecution story not corroborated-Strained relations between parties existing ---Bail allowed in circumstances of case-Penal Code (XLV of 1860), S.307/34.                                                                                                                    ORDER Pursuant to the registration of a case under section 307/34, P. P. C. the petitioner was arrested on 17th of September 1973. The prosecution story is that the petitioner had stolen some cattle belonging to Nawab Din complainant which had been got returned to its owner privately. The complainant thereafter got a case registered against the petitioner and got the cattle on Sapurdari. On the night between 28th and 29th of July 1973, the petitioner alongwith Iqbal atlas Bala and two unnamed persons went to the house of the complainant armed with guns and told him that they had come to take away the buffaloes. The complainant identified the petitioner and his co-accused Bala by their voices and came in front of them alongwith his companions on which the petitioner and Bala started firing on the com plainant and his companions. The other two unnamed culprits also fired, but the shots passed over the heads of targets. Ghulam Rasul and Muhammad Rafiq, the companions of the complainant also fired but ineffectively. 2. The petitioner was arrested on 17th of September 1973, and the challan was filed in Court on 22nd of September 1973. It is established that there was ineffective firing on both sides and no empties were recovered from the spot. An unlicensed gun is said to have been…