Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 302/148/149/337-H(ii)

Criminal Procedure Code (V of 1898)---S. 497---Penal Code (XLV of 1860), Ss.302/148/149/337-H(ii)---Constitution of Pakistan (1973), Art.185(3)---Bail, grant of---Seventeen persons were accused in the F.I.R. for the occurrence taking place at 2 a.m. in the night---Deceased had received six injuries, out of which three were sharp-edged wounds, whereas seven out of seventeen accused were armed with hatchets---Accused were neither connected with the motive part of the story, nor were they attributed any specific injury to the deceased---Accused had been declared innocent in three successive investigations including the one conducted by the Range Crime concerned---Question of guilt of accused required further enquiry in circumstances and they were admitted to bail accordingly. ORDER TASSADUQ HUSSAIN JILLANI, J.---The petitioners seek leave to appeal against the order, dated 4-6-2008, vide which the learned High Court dismissed bail petition of the petitioners (in the case registered vide F.I.R. No.394 of 2007, dated 24-10-2007 under sections 302, 148, 149, 108, 337-H(ii), P.P.C. at Police Station Sadar Bahawalnagar). 2. The prosecution story as given in the F.I.R. registered on the statement of Muhammad Anwar, complainant briefly stated is that the complainant party had a dispute with Bashir Ahmad etc. against whom he had got a criminal case registered which led to his arrest; that after their release on bail, Bashir etc. threatened the complainant party that since they had got a case registered against them on account of which they had to spent a few days in jail, they will avenge their honour. On the fateful night, it is alleged, Muhammad Sarwar complainant's brother and Muhammad Asghar his son went to irrigate their field and, as the complainant heard fire, he reached the spot and in moonlit and in the torch light, he along with other P.Ws. saw Muhammad Mansha armed with a rifle, Allah Bakhsh, Muhammad Bashir, Muhammad Murad, Muhammad Akram, Allah Ditta, Hanif Shahray Khan and Muhammad Arshad armed with hatchets, Muhammad Aslam armed with rifle had surrounded Muhammad Sarwar and complainant's son Muhammad Asghar. Within their view, Muhammad Aslam fired at…

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