Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302/34---Bail, refusal of---Eye-witness had not only narrated the facts of the incident as seen by him, but he had also identified both the accused in the identification parade held before the Magistrate---Ground of hardship mainly pressed in the case was also not available to accused keeping in view the depositions of the prosecution witnesses recorded so far by the Trial Court and the manner in which they had been cross -examined---Case diaries had also revealed that on certain dates of hearing adjournments were sought by the accused themselves---Case of accused did not call for any further inquiry---Bail was declined to accused in circumstances---However, Trial Court was directed to expedite the proceedings and decide the case within a specified period. 2004 YLR 2592; 2009 YLR 296; 2003 MLD 19; 2008 YLR 995; 2008 YLR 1179; 2007 YLR 824; 1995 MLD 1457; 2008 YLR 1632 and 2007 MLD 19 ref. ORDER SYED PIR ALI SHAH, J.---This is a criminal bail application filed by the learned counsel for the applicants against the impugned order. dated 6-2-2009 passed by Vth Additional District and Sessions Judge, Karachi South, whereby the learned Vth Additional District and Sessions Judge, Karachi South has rejected the bail application of both the above named applicants/accused. Brief facts of the case are that complainant P.C. Sarfraz Mehmood 13162 had registered the F.I.R. on 1712-2006 stated therein that he was at night duty, P.C. Suleman informed him on mobile phone that Zahid Iqbal had sustained bullet injuries and asked him to come to the Civil Hospital. He reached at Civil Hospital and found there dead body of his cousin namely Zahid Iqbal son of Shukar Din posted as P.C. Saddar Town. There was police mobile also. He was told that Zahid Iqbal was sitting on computer in Booth No.1 at Shaheen Computer Internet Cafe Shop No.41, Azeem Plaza, Siddique Wahab Road, Garden Karachi. At about 4-15 a.m. unknown accused person/s entered in the cafe and fired upon him, due to which he sustained injuries on his face head and left shoulder. All the bullets went through-n-through his body. He succumbed to…

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