Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324/337-A(i),337-F(i)/504/148/149

Criminal Procedure Code (V of 1898)---   ----S. 497---Penal Code (XLV of 1860) Ss.324/337-A(i)/337-F(i)/504/ 148/149---Bail, grant of---Where a large crowd collectively participated in a fight and all types of methods were used to inflict injuries and specially when such fight occurred in the middle of the village, it would be difficult to establish the actual person who inflicted the injuries---Such was situation in case of the accused---Delay in recording of the F.I.R., all prosecution witnesses were members of the same family and a counter complaint was also registered by one of the accused who had received injuries in the same incident---Fake implication of accused in case could not be ruled out and it was yet to be determined at the trial as to which party was the aggressor---Concession of bail was extended to the accused, in circumstances.   Muhammad Ayaz Soomro for Applicants.   Ali AzharTunio, Asstt. A.-G. for the State. ORDER 1. Complied with. 2. This is a bail application in respect of F.I.R. No.52 of 2002 of Police Station Khairpur Nathan Shah under sections 324, 337-A(i), 337¬F(i), 147, 148, 149 and 504, P.P.C. It seems that one Ayoob Leghari claimed that Khair Muhammad and Gul Muhammad are his maternal ¬uncles and are aged and infirm persons. On 7-4-2002 complainant was present in his house alongwith his family members when accused Khan Muhammad and others came towards their houses, some of the persons were armed with guns and others had Lathis and hatchets. A commotion followed. Everybody got involved in the fight including the womenfolk of the complainant, maternal-uncles and children. Khan Muhammad and Muhammad Moosa fired with the guns at complainant party which hit some ladies. Accused armed with Lathies and hatchets caused Lathi blows and blow with the hatchet from the backside to the complainant and another lady. The people of the neighbourhood also came running and the accused ran away. The F.I.R. was registered the next day. It would not be out of place to mention that it was a night time incident. The present application has been moved by the applicants on the ground that the F.I.R. registered is a false and concocted…

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