Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 353/324/34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.353/324/34---Bail, grant of---Accused was arrested at the spot with 32-bore pistol along with 4 live bullets---Accused allegedly fired upon the police party, but no one received injury---Even fire not hit the police mobile---Was yet to be determined, whether accused had fired upon the police party or not---Since no injury was caused to the police party, possibility of awarding lesser punishment to accused could not be ruled out---No reasonable grounds were available to believe that accused had committed a non-bailable offence---Tentative assessment, however was to be made and, no deeper appreciation was required at bail stage---Accused having made out a case for grant of bail, he was admitted to bail, in circumstances. Muhammad v. The State 1998 SCMR 454; Abdul Qadir v. The State 2006 YLR 3022; Lal Bux v. The State 2008 YLR 926 and Rab Nawaz v. The State 1990 SCMR 1085 ref. ORDER GHULAM DASTAGIR SHAHANI, J.---Bail application is submitted on behalf of applicant/accused namely Ashfaq Kareem alias Khalil-ur-Rehman son of Abdul Rehman in Crime No.168 of 2008 Police Station Nazimabad, Karachi Central under sections 353/324/34, P.P.C. Brief facts of the prosecution case are that on 24-5-2008 A.S.-I. Abdul Rehman lodged F.I.R. alleging that during patrolling duty at 1900 hours when they reached near S.M. Public School Nazimabad, Karachi they saw three persons on motorcycle being suspicious, he signaled them to stop but they did not stop, police party chased them, but culprits started firing upon them with intention to kill them. In defence police party also fired and succeeded to arrest two culprits namely Bilal son of Muhammad Saleem Ahmed and Ashfaq Kareem present applicant/ accused. However, they disclosed the name of absconder as Farhan. On personal search police party recovered .32 bore pistol along with 4 live bullets from the applicant/accused, whereas from co-accused recovered .30 bore pistol No.1452 loaded with two live bullets, 4 mobile phones and cash worth Rs.80. Bail application was submitted before trial Court, but that was rejected vide order, dated 30-6-2008 by IInd…

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