Law: Criminal Procedure Code (V of 1898)

Section: 497,154,161

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/34---Bail, grant of--­Accused was nominated by deceased himself before his death---Motive was evident from the F.I.R. in which it was stated that there was a dispute between the parties and the accused had come to the house of the deceased to fight with him---Question as to whose "wooden Patties" had inflicted fatal blow to the deceased, could not be looked into for the purpose of the bail as it would amount to a deeper appreciation of evidence ---F.I.R. was promptly recorded and the timing in the F.I.R. would not be of much avail---Ocular version was supported by the medical report---Accused having committed ex facie a non-bailable offence within the prohibitory clause of S.497 Cr.P.C he was not entitled to be admitted to bail, Jaffar and others v. The State 1980 SCMR 784; Muhammad Aslam and another v. The State 1997 SCMR 251; State Bank of Pakistan v. Messrs Samdad Commercial Complex International (Pvt.) Ltd. and 2 others 1995 PCr.LJ 1274; Sadain and Zahid v. The State 1998 Cr.LJ 534; Amir v. The State PLD 1972 SC 277 and Manzoor and 4 others v. The State PLD 1972 SC 81 ref. ORDER This is an application under section 497, Cr.P.C. praying for grant of bail to the applicant Sarfraz son of Ghulam Mustafa Jamal. 2. The brief facts are that a NC report was lodged at Police Station, Dadu on 27-5-1999 at 15-30 hours for an offence stated to have been committed on the same date, at 14-30 hours. However, on 28-5-1999 at 9-15 hours the complainant went to the Police Station and informed them that Abdul Razak aged 17/18 years who had been referred to the Civil Hospital, Dadu and when he had been taken to Hyderabad for treatment, he expired at 8-30 hours. The body of the deceased was taken to Civil Hospital, Dadu and at the time of the information was there. On such information, the earlier report was reproduced and F.I.R. was lodged under section 154, Cr.P.C. 3. In the information given it was stated that, Abdul Razak was sitting in the shop of Dodo Khan Panwar, which was a video shop. When Sarfraz son of Ghulam Hussain Jamah and Ghulam Hussain Jamali came to the shop they took up…

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