Law: Criminal Procedure Code (V of 1898)

Section: 161,497

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302---Qatl-i-amd---Bail, grant of---Case against accused was pending for adjudication since more than four years and accused was in jail/custody without being adjudged---It was right of a person, involved in a criminal case to be tried expeditiously---Material contradictions existed in the ocular version and medical opinion---Prosecution had alleged in F.I.R. that deceased sustained only one injury on his chest caused by accused, while according to post-mortem note, deceased had sustained another injury on his left thigh; and according to expert medical opinion, both injuries had been caused by firearm weapon---Complainant and prosecution witnesses had deposed in clear terms that deceased sustained only one firearm injury on his chest and no other injury on thigh was sustained by him---Complainant in his deposition disowned the contents of F.I.R. that same was not read over to him by the Police; and so also prosecution witness in his deposition in the court had said that his statement under S.161, Cr.P.C. was not recorded by the Police---Case, in circumstances had been made out for grant of concession of bail, in view of said discrepancies coupled with opinion of Ballistic Expert, which was in negative---Accused was released on bail, in circumstances. THIS ORDER PASSED BY: BHAJANDAS TEJWANI, J.--- The allegations against the present applicant in the F.I.R. lodged on 27-5-2005 in crime No.46 of 2005 Police Station, Sakrand are that he fired from his pistol which hit deceased Riaz Hussain on the chest, who died instantly. The bail application is pressed on the ground that the applicant is in jail custody since more than four years and the trial has not been concluded. There is conflict between ocular and medico legal version. The report of ballistic expert with regard to the recovery of pistol is in negative and that complainant in his deposition has disowned the F.I.R. and he in clear terms said in his deposition that the deceased has sustained only on his chest, while P.W. Muhammad Illyas who is eye-witness of the incident has also deposed that deceased sustained only one injury on…

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