Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324

Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13-D

Criminal Procedure Code (V of 1898)---   ----S. 497--Penal Code (XLV of 1860), S.324---West Pakistan Arms Ordinance (XX of 1965), S.13-D---Bail---Parties had statedly shifted from their village to an unknown place and most of their members had gone underground--Absconding accused were not likely to be arrested in near future and prosecution had an apprehension that the accused if allowed bail would also go away and join the team of the absconders--¬Offences with which the accused were charged fell within the prohibition contained in S.497(1), Cr.P.C.---Crime was likely to be repeated -if the accused were admitted to bail---Bail was declined to accused in circumstances.   Manzoor Ahmed Junejo for Applicants.   Maqbool Ahmed Awan for the Complainant.   NidamuddinBrohi for the State. ORDER The applicants seek bail in a case under section 324 and other section of P.P.C. and section 13-D of the Arms Ordinance (Crime No.52 of 2002 of Police Station Dubar), pending trial before the Court of learned Sessions Judge, Sukkur. The relevant facts of the case are that complainant Nazeer Hussain Kandhro lodged F.I.R. on 4-7-2002 naming some 20 persons as accused including the present four applicants their names appearing in the F.I.R. The accused named in the F.I.R. are alleged to have injured eight persons of the complainant party. Likewise there is a counter F.I.R. bearing Crime No. 51 of 2002 lodged by Ranjho one of the applicants in the connected Criminal Bail Application No.424 of 2002, about eight persons on their side also were injured. Out of whom one person namely Ali Khan succumbed to his injuries and died. In this case except the present four applicants all the remaining 16 accused are shown absconding. It is contended by Mr. Junejo learned counsel appearing for the applicants that the applicants are entitled to bail as the injuries attributed to his clients are simple in nature described as Shajjah-i-Khafifah etc.; and are caused by Lathies…

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