Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), S.302---Bail, refusal of---Name of accused though did not transpire in the F.I.R., but he was shown to have been identified by the prosecution witnesses in the identification parade, held before Magistrate---Accused had also been implicated in S.164, Cr.P.C. statement and pistol was recovered from him---Effect---Sufficient evidence, in circumstances was available to show that accused had committed a non-bailable offence---No case for grant of bail having been made out, bail application of accused was dismissed. Imtiaz Ali Awan for Applicant. Asadullah Baloch, State Counsel. ORDER SALMAN ANSARI, J.---This application has been moved on behalf of Soofan alias Tahir, briefly the prosecution case is that on 9-2-2008 at about 8.10 hours he heard sound of gun shots and he along with his cousin Ghulam Mustafa came outside the house and saw four persons namely Hanif alias Bhoora, Nisar, Ali Gul and an unknown person had caused injuries to his younger brother Muhammad Hanif and escaped in the night, Muhammad Hanif had received gun shot injuries on his chest, face, right shoulder and on his thigh and succumbed to the injuries on the way to the hospital, accordingly this F.I.R. was lodged. The accused were arrested on 5-2-2008 and the learned IInd Additional Sessions Judge, Karachi-Central rejected the bail application by order, dated 8-8-2008, hence this bail application. Learned counsel for the applicant has argued that admittedly it is a night time incident and it is a matter of further inquiry whether any witness could have identified the accused and named in the F.I.R. which was lodged after an unexplained delay giving rise to apprehension that time was afforded to the complainant party to manipulate and rope in innocent persons, no description has been given in the F.I.R. of the culprits. The statement under section 161, Cr.P.C. has been recorded after delay…

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