Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/109/34---Qatl-e-amd---Bail, grant of---Counsel for accused had contended that case against them was false and they had been involved in the background of enmity and suspicion; that F.I.R. was belated by eight hours and no satisfactory explanation was forthcoming for said delay; that it was an unwitnessed crime as none had seen the incident; that statements of the witnesses under S.161, Cr. P. C. were recorded after long delay of 48 days and that statements under S.164, Cr.P.C. were recorded after the delay of 50 days; that accused were shown to be armed with hatchets, but no hatchet wounds were found on the person of deceased---State Counsel conceded to the said legal position and raised no objection to the grant of bail to accused---Counsel for accused having been able to make out a case for grant of bail to accused, they were admitted to bail, in circumstances. Khadim Hussain M. Shaikh for Applicants. Mumtaz Alam Leghari for the State. ORDER MUHAMMAD AFZAL SOOMRO, J.---By this order I intend to dispose of criminal bail application filed on behalf of applicants Miandad and Sabir, both sons of Bakhshal by caste Jamali, in a case bearing crime F.I.R. No. 4 of 2003, Police Station Pat Gul Muhammad, District Dadu, registered under sections 302, 109, 34, P.P.C. The bail plea of the applicants has declined by the learned Sessions Judge, Dadu vide order, dated 21-2-2004. According to the F.I.R. on 29-5-2003 accused persons, namely, Abbas, Miandad and Sabir, all sons of Bakhsho Jamali went to the house of complainant Ali Nawaz Kambrani and at 11-00 a.m. asked Soomar, father-in-law of complainant, to accompany them saying that he had been called by their uncle Muhammad Khan Jamali. Soomar accompanied them and at about 11-40 a.m., when they reached near the land of Kirir Muhammad Babar the complainant party heard fire from there. Complainant along with Khamiso son of Soomar and Uris went towards fire report running and noticed accused persons Abbas, Miandad and Sabir Jamalis, escaping away and found Soomar lying on the ground having fire-arm injuries on right side of…