Law: Criminal Procedure Code (V of 1898)

Section: 103,497(2)

Law: Pakistan Penal Code, 1860

Section: 34,186,324,353

Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), Ss.324/353/186/34---Attempt to commit Qatl-i-amd and assault or criminal force to deter public servant front discharging of his duty---Bail, grant of---Further inquiry---Accused was apprehended by the Police at the spot along with T. T. pistol and magazine containing two bullets---No person from Police party sustained any injury in the encounter---Was yet to be seen whether accused had received injury at the hands of Police; and whether the incident of encounter between the Police party and accused party took place in the manner as claimed by the Police---No objection was raised by Additional Prose cutor-General to grant of bail to accused---Accused had made out a case for grant of bail as envisaged under subsection (2) of S.497, Cr.P.C.---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: MAQBOOL AHMED AWAN, J.- The applicant, facing trial in the Court of II Additional Sessions Judge, Karachi West, applied for grant of bail in Crime No.18 of 2009 for offence punishable under sections 324/353/186/34, P.P.C. of Police Station Site. Precisely, the facts leading to this application are that complainant HC Sher Zaman on 9-3-2009 at .330 hours with his subordinate staff was on patrolling duty. During the course of patrolling, he saw Mazda Truck No. JY-1595, loaded with iron, plates, was coming from the opposite side. It is also alleged that 7/8 persons were also available in the side truck. The complainant party given signal to stop the truck but the driver of the side truck tried to make escape good and other culprits started firing on the police party and the police party in their defence also fired upon the culprits. It is further alleged that one of the culprits sustained bullets injury and was apprehended and on inquiry disclosed his name as Fayyaz and from his personal search on TT pistol with two bullets were recovered. Complainant brought the accused person and property at police station where he lodged F.I.R. on behalf of the State. Mr. Mirza Sarfraz Ahmed, learned counsel appearing on behalf of the applicant has argued that the applicant is innocent and has…

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