Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Suppression of Terrorist activities (Special Courts) Act, 1975

Section: 4,5-A(8)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 38

Criminal Procedure-Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302/34---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), Ss.4 5-A(8)---Qanun-e-Shahadat (10 of 1984), Art.38---Bail, grant of--¬Prosecution witness who made charge against the accused after lapse of one month and eight days, subsequently had resiled therefrom by swearing on an affidavit---Such statement of said witness, thus had no value---Whether discovery of the jeep, motorcycle and cycle at the instance of the accused, could reasonably lead to hypothesis of their alleged guilt and whether the statements of accused made in the presence of the police could change their character and would take them outside the scope of Art.38 of Qanun-e-Shahadat, 1984 simply because the making thereof was snapped through movie camera, were the questions which necessitated further enquiry which had made out a case for grant of bail to the accused. Amjad Zia and Sanaullah Khan Gandapur for Petitioner (in Criminal Miscellaneous No. 167 of 2001). Shaukat Hayat Khan Khakwani, Dy. A.-G. for the State. Saleemullah Ramazai for the Complainant (Respondent No.2). Dost Muhammad Khan for Petitioner (in Criminal Miscellaneous No.184 of 2001). Date of hearing: 14th November, 2001 JUDGMENT EJAZ AFZAL KHAN, J.--- Syed Saadat Hussain Shah, petitioner in Criminal Miscellaneous No.167 of 2001 and Syed Ahsan Haider Shah, petitioner in Criminal Miscellaneous No.184 of 2001, who are charged in a case registered under sections 302/34, P.P.C. read with 4 S.T.A. vide F.I.R. No.324, dated 7-5-2001, Police Station Cantt. D.I. Khan when failed to get the concession of bail from the lower forum moved this Court for their being released on bail. 2. As both the applications arise out of the same F.I.R. and the same order, we propose to dispose them of through this single order. 3. The facts stated in brief are that on the eventful day the deceased Ejaz Ahmad Langaryal, S.P., D.I. Khan was on his usual evening jogging track that he was fired at by some unidentified assailants and thus done to death. 4. The police investigating the case despite hectic efforts remained clueless but on 15-6-2001 one Muhammad…

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