Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 382/394/395/34

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.382/394/395/34---Bail, grant of---Further inquiry---Delay of about 16 hours in lodging F.I.R. had not been explained by prosecution though Police Station was only 1 Km. away from the place of incident---Some dispute existed between the parties over ownership of buffaloes in question---Recovery of said buffaloes was made from the road side which had cast shadow of doubt upon prosecution version---If buffaloes were stolen those would have been kept in some safe place and should not be left roaming on the road side---No identification test was carried out though all the accused were strangers to the complainant party---Case being of further inquiry, accused was admitted to bail. ORDER Brief facts of the matter per F.I.R. No.78 of 2002 lodged with police Station Shah Latif Town, Karachi, on 20-3-2002 at 22-15 hours are that on the same day at 5-45 hours the complainant alongwith Mazhar Hussain was going towards Market (Kamela Mandi) with three buffaloes in order to sell them on the direction of their owner. When they reached at Mariam Manzil near P.M.T. Road, 4 armed persons viz. 3 with weapons and 4th with stick stopped them and told them that the buffaloes belonged to them, which was denied by the complainant. Then out of these 4 armed persons, who appeared to be Sindhi aged about 40 to 45 years, one hit the complainant with the Butt of his rifle on the head and took them alongwith the buffaloes to some bushes near Railway Colony, where their three other accomplices were also present and they kept them in a ditch. Thereafter the accused took the buffaloes with them and told the complainant not to move from the bushes. After a while the complainant and Mazhar Hussain came out from the ditch and went to the owners house at Cattle Colony, Road No.7 and informed him about the incident. Thereafter they searched for the buffaloes but without success and hence the complaint. In the foregoing circumstances learned counsel has firstly submitted that the incident admittedly took place at 5-45 hours in the morning whereas the report was filed on the same day at 22-15 hours in the night after…

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