Law: Pakistan Penal Code, 1860

Section: 449,511,337H(2),497(1)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.337-H(2), 459 & 511---Bail, grant of---Complainant who had named the accused specifically in the F.I.R. had nowhere stated that the accused were known to him intimately--­Complainant party had lodged the F.I.R. after delay of one day---If the complainant knew the names of the accused persons, he was supposed to go to police station immediately to lodge F.I.R. and there was no justification to get the F.I.R. registered with delay, possibility, thus, could not be ruled out that sometime had been consumed by the complainant in consultation--­Delay of eleven days in arresting the accused was not explained by the prosecution and the weapons recovered from the accused 'had not been sent to the Expert---Prosecution had collected the weakest type of evidence and had injected the elements of suspicion in its own version---Case of the accused, thus, had become a case of further inquiry---Accused having been able to make out a good prima facie case for grant of bail, they were admitted to bail. PLD 1985 Kar. 27; 1991 PCr.U 4; PLD 1995 SC 34; 1991 PCr.U 882; 1998 PCr.U 602 and 1997 PCr.U 646 ref. ORDER The applicants are seeking bail in Crime No. 100 of 1999 registered with Police Station Faiz Ganj, District Khairpur under sections 459 and 511, P.P.C. read with section 337-H(2), Qisas and Diyat Ordinance and have been subsequently sent up to face trial by way of challan dated 27-11-1999 in which one unknown person has been shown as one of the associates of applicants, later on it has been disclosed that Rajah Ali son of Ghanio was one of the companions of the applicants and who has been granted bail by the trial Court which has been stated by the learned counsel for the applicants at Bar. Brief facts of the case are that on 4-11-1999 at 3-15 hours complainant Niaz Ahmed appeared at police station and lodged report stating therein that he has got house surrounded by "Hedge" and at night time after taking supper he alongwith his inmates went to sleep and lantern was burning, at about 11-30 hours night time he saw in the light of lantern and identified the culprits to be namely and…

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