Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324,337-A(ii),457,34

Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), Ss.324, 337 A(ii), 457 34 ¬Bail, grant of Accused were not mentioned in F.I.R. Incident allegedly occurred in the odd hours of night and neither any recovery was effected nor identification parade was held Injured prosecution witness had not implicated the accused in his statement under 5.161, Cr.P.C. ¬Case against the accused was fit for bail. Muhammad Saleem Jessar for Applicants. Ali Azhar Tunio, Asstt. A. G. for the State. ORDER 1. Granted, subject to all just legal exceptions. 2. This bail application has been filed by thee applicant in connection with Crime No.234 of 2001 which was registered with Police Station Kamber, for offences under sections 324, 457, 34 and 337 A(ii), P.P.C. The prosecution as per F.I.R. goes to say that on the night falling in between 17th and 18th of July, 2001, complainant Dr. Khadim Hussain Shaikh went asleep alongwith his family unit. At 3 30 a.m. he and his son Ali Abbas Shaikh got up on some commotion and found inside his room; two culprits duly armed with pistols while two culprits, armed with gun and pistol, were standing in the courtyard of the house. In the wake of Hakal gave by the complainant party, the two culprits armed with country made pistols, in furtherance of their common intention to cause murder, committed straight fires at the complainant party but fortunately the weapons could not fire. Complainant and his wife Mst. Haseena daughter of Ghulam Nabi Shaikh attempted to over¬power the culprits, as result thereof, wife of complainant received fire¬arm injury on her forehead and during scuffle complainant and his son also sustained minor injuries above the right eye and head respectively, also. On cries and fire reports, P. W. Chowkidar Munir Ahmed son of Mubarak Meno resident of adjacent Taluka Hospital Kamber and other came raising Hakals who also saw the culprits on the light of bulbs. The P.Ws. were informed about the above facts. Subsequently the F.I.R. was lodged to the above effect. During investigation, the present applicant/accused were on 11 8 2001 and they were challaned before the Court of law. Apparently a bail application was moved…

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