Law:

Section:

Criminal Procedure Code (V of 1898)---.--- ---.----S 497---.---Penal Code (XLV of 1860), S.302/34---.---Bail---.---Complainant and eye-witnesses had sworn affidavits wherein they had deviated from their statements made in the F. I. R. and under 5.161, Cr.P.C. and had exonerated the accused of the alleged offence ---.---Mashirs of the recovery had also filed affidavits denying the recovery of the crime weapon and the empties in their presence---.---Reasonable doubt, thus, had been created with regard to the guilt of accused and their case required further inquiry as to which of the two versions of the prosecution witnesses was more reliable and trustworthy--¬Presently no reasonable grounds were available to believe the accused being guilty of the offence charged - with---.---Bail was allowed to accused in circumstances. Allah Bux v. Nazar Hussain Shah and another 1979 SCMR 137; Rehmat Ali and another v. The State 1979 SCMR 30; Muhammad Hayat and others v. The State 1998 SCMR 474; Muhammad Nawaz alias Najja v. The State 1991 SCMR 111; Muhammad Nawaz and others v. The State 1989 PCr.LJ 1126; Ali Gul and 3 others v. The State 1986 PCr.LJ 433 and Naseer Ahmed v. The State PLD 1997 SC 347 ref. THIS ORDER PASSED BY: MUHAMMAD AFZAL SOOMRO, JUSTICE:---.---- By this order I intend to dispose of Cr.B.A. No.339 of 2001 filed on behalf of applicants Ali Muhammad and Ali Gul in Crime No.83 of 2001 of Police Station Dubar for an offence under section 302/34, P.P.C. The bail plea of the applicants was declined by the learned Sessions Judge, Sukkur vide order dated 10-4-2001. The prosecution story as unfolded in the F.I.R. is that on 1-12-2001 at 10-00 a.m. complainant Makoro Shambani appeared at Police Station Dubar, District Sukkur and lodged F.I.R. alleging that he is Hari by profession, he has two more sisters besides Mst. Satbai aged about 25/26 years. 7/8 years before she was given in marriage with his cousin's cousin Ali Gul Shambani and out of the wedlock, she had given birth to two small kids, one son and another daughter. A day before the incident, he approached Ali Gul for taking his sister to his house where he alongwith his brother Ali Muhammad was present. They…

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