Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/324/34

Criminal Procedure Code (V of 1898)---   ----S. 497---Penal Code (XLV of 1860), Ss.302/324/34---Bail--¬Accused were not nominated in the F.I.R. and had been implicated in the case at a belated stage---Role ascribed to accused was almost similar to that of co-accused who had already been admitted to -bail--¬Evidence regarding involvement of accused in conspiracy through communication on mobile telephone had not positively come on record---Case against accused, thus, needed further probe and rule of consistency was also attracted in their favour---Accused were admitted to bail in circumstances.    Raza Hashmi and Fazal Haq Khan for Applicants.   Khalid Shah for the State.   Date of hearing: 27th August, 2001. Applicants Nazar Hussain Shah and Nisar Ahmed have sought bail, through two separate applications mentioned above, in a case registered at Police Station Quaid Abad for an offence punishable under sections 302/324/34, P.P.C. This order governs both the applications. 2. The facts of the case, as per F.I.R. lodged by Ismail at Police Station Quaid Abad on 16-6-2000 at 1-44 hours, are that on 15-6-2000 at 9-45 p.m. complainant Ismail, P.Ws. Mohsin and Ibrahim were sitting in the house of Mst. Hawa Bibi where Umer Jat and Ghulam Nabi Jat armed with pistols and accompanied by three unknown, persons appeared and asked Mst. Hawa not to support those persons with whom they had dispute over the matter of fishing in the sea. Umer Jat and Ghulam Nabi Jat fired from their pistols and five bullets hit Mst. Hawa. Bibi while one bullet hit Ibrahim on his leg. They were shifted to Jinnah Hospital, but Mst. Hawa Bibi died on the way. During investigation an identification test parade was conducted in presence of Judicial Magistrate on 14-7-2000 and four persons Chanzeb Nazar Shah (applicant), Sadaqat and Nisar Ahmed (applicant) were picked out by the witnesses including complainant Ismail. Two days later further statement of complainant Ismail was recorded by police wherein he stated that in the identification test parade he had picked out Chanzeb, Azimullah and Muhammad Nisar as the three unknown culprits. Mohsin son of Ali, Ibrahim and Mohsin son…

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