Law:

Section:

Criminal Procedure Code (V or 1898)-------S.497---Penal Code (XLV of 1860), S. 302/307/148---Constitution of Pakistan (1973), Art. 185(3)---Bail, grant of---General allegations were made against accused who were allegedly identified in moonlight---Injured prosecution witnesses during investigation stated that they had not recognised their assailants---Prosecution version was also not supported by medical evidence--­Accused were admitted to bail in circumstances. ORDER ABDUL OADEER CHAUDHRY, J.---On 26-7-1988 at about 11-00 hours, Munawar Khan, complainant, lodged a report at Police Station Nara to, the effect that he, along with his mother, Mst. Shahzadi Jan deceased, and other members of his family were asleep in the Verandah of his house when he woke up on the barking of the village dogs. According to him, it was about 12.15 mid­night when after some while the six accused (petitioner and one Tanveer Akbar) appeared whom he identified in the moolight. Aurangzeb opened the fire with which the mother of the petitioner was fatally hit. The second shot was fired by Muhammad Urfan which hit the son of the petitioner and then the remaining, accused, also fired shots causing injuries to his son Muhammad Iqbal and daughter Shamim Jan. The motive attributed in the report was criminal litigation between the parties. In that the nephew of the complainant Muhammad Ajab is charged for attempted murder. The complainant mentioned Mst. Faram Jan and nephew Muhammad Ajab as having witnessed the occurrence. It is alleged that the accused after the alleged firing. made good their escape. 2: A case was registered vide F.I.R. No. fit dated 26-7-1988. All the accused applied for bail before arrest which was rejected by the learned Additional Sessions Judge, Abbottabad, vide his order dated 17-9-1988. All the accused were arrested by the police. After their arrest they applied for their release on bail but the learned Magistrate vide his order dated' 25-9-1988 dismissed the bail application. They unsuccessfully approached' the learned Additional Sessions Judge, Abbottabad. Their request for bail was turned down by the learned Additional Sessions Judge vide order dated 21-12-1988.…

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