Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss.324/353/147/148/149--­Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)---Bail, refusal of---Allegation that the police constable was also given Lathi blows was not supported by medical evidence--­Blows were ascribed to both accused, but only one injury caused by hard and blunt weapon was sustained by the victim---No weapon had been recovered from accused and his case required further inquiry and he was admitted to bail in circumstances---Hatchet had been recovered from co-­accused---Injury on the forehead of the victim which was a vital part of the body could not be overlooked---Bail was refused to co-accused accordingly. ORDER Applicants have sought bail in a case for an offence punishable under sections 353, 147, 148, 149 and 324, P.P.C. and 17(3), Offences Against Property (EOH) Ordinance. The allegations as per F.I.R. briefly stated, are that complainant Allah Bux and three other constables were posted at Moolchand Check Post. On 20-4-2003 while the -complainant and P.C. Muhammad Qasim were on patrol, they spotted three suspected persons and followed them and went towards the house of Khoso community. In support of the suspects, accused Nawaz Khoso armed with pistol, Azeem Khoso and Siddiqye Khoso armed with hatchets and seven unidentified persons came out of the houses and from amongst them- Nawaz fired from his pistol while Azeem and Siddique inflicted sharp sided hatchet blows upon the complainant. It is further alleged that the others .caused Lathi blows to P.C. Muhammad Qasim. The motorcycle of police party was also snatched forcibly. It is the case of prosecution that the motorcycle was secured from house of Nawaz who was shown as absconder in the challan. I have heard Mr: Muhammad Ishaque Khoso and Mr. Mashooq Ali Samo and perused the papers. The learned State Counsel pointed out that only…

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