Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497(5)---Penal Code (XLV of 1860), Ss.324/337-A(ii)/337-F(i)/ 337-H(ii)/504/34---Bail, cancellation of---Accused were nominated in the F.I.R. who, while armed with pistols, had allegedly directly fired at the son of the complainant causing six injuries on various parts of his body--­Incident had taken place in broad daylight which was supported by three eye-witnesses---Pistol, two live bullets and a magazine had been recovered from the accused---Delay of four hours in lodging the F.I.R. had been explained---Case of accused was hit by the prohibitory clause of S.497(1), Cr.P.C. and was not a case of further inquiry---Bail had been granted to accused by trial Court on frivolous grounds in improper exercise of its discretion---Sufficient evidence was- available on record to directly implicate the accused in the case---Bail allowed to accused was cancelled in circumstances. ORDER Applicant/complainant Saleh has sought the cancellation of bail of respondents Abdullah and Mir Hassan granted to them by the 1st Additional Sessions Judge, Thatta in Crime No.49 of 2002 of Police Station Daro under sections 324, 337-A(ii), 337-F(i), 337-H(ii), 504 and 34, P.P.C. Briefly stated the prosecution story as narrated by complainant Saleh is that he is a Retired Teacher whereas his son injured Mir Hussain is Primary Teacher in their village. He stated that shop of accused Abdullah was set on fire some time prior to this incident and he suspected his son Mir Hussain to be responsible for that fire. Due to that enmity they were on inimical terms with them. On 6-11-2002 complainant Saleh, Abdul Qadir and Taj Muhammad were standing near. their house when his son Mir Hussain was returning from school after attending his duties. At about 2 p.m. when he reached near the house, he was attacked by Abdullah, Mir Hassan and Siddique who all were armed with pistols. Accused Mir Hassan and Abdullah fired from .their pistols which hit Mir Hussain at various parts of his body and fell down. The accused then made their escape good. The injured was removed to hospital at Daro wherefrom he was referred to Civil Hospital, Hyderabad. After that the…

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