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Criminal Procedure Code (V of 1898) ---S. 497 Bail Plea of alibi Prosecution witnesses named in F. I. R. supporting plea of alibi taken by petitioner Petitioner directed to be released on bail, in circumstances of case [Alibi]. Muhammad Ali Sheikh, Advocate instructed by Ahmadullah Farooqi, Advocate on Record (absent) for Petitioner. Usman Ghani Rashid, Advocate General (Sine) for the State. Date of hearing: 9th February, 1980. ORDER G. SAFDAR SHAH, J On 26 2 1979, at 10 30 a. m., an occurrence took place at Mehar, District Dadu, in which one Qasim Ahmad lost his life. The F. I. R. of occurrence was lodged by the brother of Nasim Ahmad (namely, Naser Ahmad) at the Mehar Police Station in, which he accused the petitioner, as well as five other persons. It was alleged in the F. I. R. that the petitioner, who was armed with a revolver came in a car to a local hotel at Mehar, alongwith five co accused (each one of whom was armed with a lath!) and attacked the deceased, as a result of which he lost his life. Accused Shabbir is alleged to have fired at him with a revolver whereas the other accused belaboured him with lathis. Upon these allegations accused Shabbir, as well as the rest of the accused were arrested on the same day. Upon the interrogation of co-accused Arbab, however, the Investigating Officer recovered from him the alleged crime weapon, (revolver) whereas no such weapon was recovered from Shabbir Ahmad. Not only this but Shabbir Ahmad took up the plea of alibi before the Investigating Officer saying that at the time of the day of occurrence he was actually away at Dadu and in that behalf he produced a number of witnesses including P. Ws. Lilaram, Lashkar, as well as two Police Constables, namely, Muhammad Usman and Muhammad Idrees, who supported him. The fact that these P. Ws. had been cited in the F: I. R. by complainant Naseer Ahmad seems to have satisfied the Investigating Officer about the plea of alibi taken by Shabbir Ahmad, and consequently placed him in column No. 2 of the challan and released him on bail whereas the rest of the accused were challaned to the Court to stand their trial. It seems that complainant Naseer Ahmed was dissatisfied with…

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