Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302(b),34

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), Ss.302(b) & 324---.---Qatl-e-amd and attempt to commit qatl-e-amd---.---Bail, grant of---.---Anti-Terrorism Judge in the case had passed a very sketchy and non-speaking order which could not be presumed to be passed by such a Senior Judge---.---Delay of 10 days in holding the identification parade had not been properly explained and no cogent reason had been given for such a delay---.---Accused, in circumstances, was admitted to bail. Mehmood Ahmed v. the State 1995 SCMR 127; State v. Sobharo 1993 SCMR 585; Badaruddin v. The State 2008 PCr.LJ 495; Saeed Ahmad v. The State 2009 MLD 1047; Muhammad Saleem v. The State 2005 PCr.LJ 1963; Sher Rehman v. The State 1999 MLD 550 and Muhammad Ilyas and 2 others v. The State 1993 PCr.LJ 626 ref. THIS ORDER PASSED BY: MUHAMMAD ATHAR SAEED, JUSTICE:---.--- This bail application has been filed against the order of the Anti-Terrorism Judge Sukkur dated 28-7-2009 in Special Bail Application No. 36 of 2008 by which the bail application was rejected hence this bail application. 2. Briefly the facts of the case are that the complainant SIP Abdul Rehman Kandhro had stated that when they were on a routine patrol duty within their jurisdiction at about 2:00 a.m. past morning when they reached Raw Machine at National Highway Panu Akil they saw two coaches going in front of their mobile, and in the light of their mobile they saw some 28 to 30 persons with open faces duly armed with K.K who emerged on the road and got the buses/coaches stopped on force of weapons with the intention to rob the buses. Some of the accused boarded the buses/coaches while other accused persons surrounded the buses and pointed their weapons on the buses. The police party alighted from the mobile and challenged the accused persons and the firing ensued between the police party and accused which lasted for about twenty minutes. During this encounter one passenger Wazeer son of Khaiso Machi expired; whereas another passenger Azhar Ali Awan also expired and a number of persons were injured. The police party identified about 18 accused persons whose names have been…

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