Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.302/34---Bail, grant of---Only eye-witness, during her examination in the court, was not able to identify accused stating that they had changed their `hulias'; and that due to lapse of time she could not identify other accused present in the court---Said witness though had been produced as eye-witness of the incident, but she had not seen the persons, who had committed the murder of her grandfather, because at that particular moment she was not present in that room---Witness had stated that she just noticed three persons entering `Khankah' of her grand father; and thereafter she heard fire shots---None of the persons who at that particular time were present in `Khankah' had been produced as witness to confirm that accused was amongst those culprits who had committed murder of deceased---After recording examination-in-chief, said witness was not produced again for her cross-examination, as she was reported to have shifted to some unknown place---Prosecution, in circumstances, had not been able to make out a case for rejection, of bail application---In view of discrepancies appearing on record, non-production of eye-witness for the purpose of cross-examination and the way identification parade of accused was held, accused was entitled for the grant of bail--Accused was admitted to bail, in circumstances. ORDER MRS. YASMIN ABBASEY, J.---Case of prosecution is that on 21-1-2001 at about 4-00 p.m. complainant received information that his father Syed Akhtar Imam Rizvi has been injured at his Khanka situated at his home. On enquiry his niece Sumera aged about 12 years informed him that just before the incident when she was coming in the lane towards deceased's house, she found three boys entering in Khanka. His niece entered from another door. As per complainant her niece informed him that just after her entering in house she heard 3/4 fire shots. All family rushed towards Khanka. They found complainant's father in injured condition. Blood was oozing from his body. On the basis of this report search for culprits was made. On 2-5-2001 this applicant along with Tariq Shafiq was arrested in…

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