Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 382/337-A(i)/337-F(i)/147/148/149/427/50 4

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.382/337-A(i)/337-F(i)/147/148/149/427/504---Bail, grant of---Accused was specifically assigned the role of inflicting blow with backside of hatchet on the head of complainant, as such, medical evidence prima facie corroborated the version of complainant as given in the F.I.R.---Two accused persons prima facie were liable for the alleged offences; prosecution witnesses had supported the case of prosecution in their statements, in respect of the robbery committed from their respective cabins and the injuries suffered by the, complainant at the hands of the accused persons---Bail applications of both the accused were dismissed in circumstances---Remaining three accused stood on different footing as their names did not transpire in the F.I.R.---No cogent material was available on record to implicate those three accused in the case---High Court granted bail to the said three accused, in circumstances. ORDER ABDUR RAHMAN FARUQ PIRZADA, J.--- By this single order, two bail applications viz. Criminal Bail Application No.S-321 of 2008 on behalf of applicants Irfan Ali, Qazi Akbar and Akram, and Criminal Bail Application No. S-343 of 2008 on behalf of applicants Zaheeruddin Babar and Ali Nawaz, are being disposed of, as both the applications pertain to same offence viz. Crime No.2 of 2007, Police Station Tando Ghulam Ali, under sections 382, 337-A(i), 337-F(i), 147, 148, 149,, 427 and 504, P.P.C. All the applicants have sought pre-arrest bail in the present case. Their applications for bail before arrest were dismissed by learned Sessions Judge, Badin, vide order dated 9-4-2008, whereafter they have approached this Court. Initially, this Court, without dilating on the merits of the case, admitted the applicants to interim bail before arrest. The F.I.R. was lodged by complainant Pinyo at Police Station Tando Ghulam Ali on 18-1-2007 at 1200 hours. As briefly stated, the prosecution case is that the complainant is working as Chowkidar for the shops and cabins situated at Chamber Naka in Tano Ghulam Ali Town. On the night of incident, the complainant was standing on his duty near hotel Sharif…

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