Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 397

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.397---Bail, refusal of---Both the injured witnesses rightly identified the accused during identification parade---No enmity was alleged for false implication of accused---No delay had occurred in lodging F.I.R. thus, prima facie sufficient evidence to show the involvement of accused was available---Bail was refused to accused. Ali Ahmed v. The State 1987 MLD 2592; Akhtar Muhammad v. The State 1987 PCr.LJ 2423; Mushtaq Ali Kalhoro v. State 1996 PCr.LJ 1315; Ghulam Murtaza v. State 2000 YLR 2020; Ali Jan alias Lakho v. The State 2001 YLR 772; Tariq Aziz v. The State 2001 YLR 1425; Abdul Hameed v. The State 2004 MLD 413; Ali Raza alias Raza Haider v. The State 2008 PCr.LJ 663; Muhammad Bachal v. The State 2008 YLR 1733 and Mukhtar v. State 1998 MLD 1985 ref. ORDER SALMAN ANSARI, J.---This bail application has been moved on behalf of the applicant/accused Wasim alias Don, against whom an F.I.R. was registered at Police Station Malir City on 11-10-2007 by one Ali Dar who along with his brother Bagga and companions Ali Bux, Zahid, Lihana, Pervez and Allah Ditta had brought animals to the city to sell at Malir Mandi, after the sale on 10-10-2007 when they boarded wagon for Quaidabad they found three persons seated as the bus started three more young men entered, at a distance they took out pistols and told the driver to park the bus in a lane, on resistance the culprits shot Bagga and injured Ali Bux and Lihana and snatched Rs.4,15,000 Bagga died of injures, hence a case under section 397, P.P.C. was registered against unknown culprits. 2. On 8-11-2007 the applicant/accused was arrested in another case and put to identification and was picked out by P.Ws. Lihana and Ali Bux the injured in the present case. 3. The learned IInd Additional District and Sessions Judge, Malir was pleased to reject the bail of the accused, hence this bail application on the grounds agitated that there is an unexplained delay in lodging of the F.I.R., the P.Ws. had seen the accused at the police station prior to the identification parade which was conducted after a delay of 7 days, nothing has been recovered of…

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