Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 459/34

Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13D

Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), 5.459/34 West Pakistan Arms Ordinance (XX of 1965), S.13 D Bail, grant of Documents produced on record showed that no delay was found in having the accused identified by complainant in identification parade Complainant, in identification, had unequivocally stated that accused was the same person who had fired with a pistol hitting him on the shoulder, it could not, in circumstances, be said that no role was' assigned to the accused ¬Complainant had identified only one person and also had described his role of injuring complainant in the shoulder with a pistol shot Affidavits filed by two prosecution witnesses which had stated that accused was innocent and was not involved in the crime, were mala fide and could not be relied upon Trial 'Court, in circumstances had, rightly dismissed bail application of accused Order of Trial Court could not be interfered with in absence of any illegality or misapplication of law. 1981 PCr.LJ 1225; 1989 PCr.LJ 1123; 1995 SCMR 127; Muhammad Ahmed v. The State 1995 SCMR 1237 and Naseer Ahmed v. The State PLD 1997 SC 347 ref. THIS ORDER PASSED BY: S. AHMAD SARWANA, JUSTICE:---.--- Noor Muhammad (applicant) who is being tried by the Sessions Judge, Sukkur in Sessions Case No. 112 of 2001 arising out of Crime No. 17 of 2000, Police Station Cantt. Pano Akil for offences under sections 459, 34, P.P.C. and 13 D, Arms Ordinance filed a bail application before the trial Court which was dismissed by order dated 9 8 2001. Being aggrieved by the aforesaid order, the applicant has filed this application under sections 497/498, Cr.P.C. for grant of bail. 2. In the English translation of the F.I.R. filed by the applicant, it is alleged that at about 1 00 a.m. on 14 4 2001 complainant Faqir Muhammad was sleeping in his house alongwith P.W. Muhammad Jafar. Both of them got up on hearing some sound and found four persons in the house who were untying the buffaloes of the complainant. Out of the four persons, one had a pistol, one had a hatchet and the remaining two were carrying Lathis. The complainant did not know the intruders. The complainant and the witness tried to catch the…

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