Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/324/148/149/109---Anti-Terrorism Act (XVII of 1997), S.7---West Pakistan Arms Ordinance (XX of 1965), S.13---Bail, grant of---Allegation in F.I.R. not supported by injured during trial---Testimony of other eye-witnesses supporting allegation might not be very helpful to prosecution---Prosecution could not throw entire blame on side of accused for non-conclusion of trial for 2-1/2 years---Accused was granted bail in circumstances. (b) Criminal trial--- ----Eye-witnesses, testimony of---Evidentiary value---Allegation in F.I.R. not supported by injured during trial---Testimony of other eye-witnesses supporting allegation might not be very helpful to prosecution. ORDER KARAMAT NAZIR BHANDARI, J. ----Respondent No.1 Muhammad Azam is an accused in case F.I.R. No.293 of 2003, dated 23-8-2003 registered at Police Station Mozang, Lahore under sections 302/324/148/149/109, P.P.C. read with section 7 of the Anti-Terrorism Act and section 13 of the Arms Ordinance, 1965, and has been allowed bail by a Division Bench of the Lahore High Court on 28-6-2006 on the main ground that Zahoor Ahmad injured P.W. has not supported the allegation against the -Respondent. Through this petition the complainant seeks leave to appeal against the order of the High Court dated 28th June, 2006. 2. It is argued by Mr. M.A. Zaffar, learned Advocate Supreme Court for the -Petitioner that even if Zahoor Ahmad injured P.W. has not supported the allegation, the remaining eye-witnesses namely Ashfaq Ahmad, Mumtaz Ahmad and Waqar Ahmad have supported the allegation in their statements under section 161, Cr.P.C. He has explained that because the accused are applying delaying tactics, the trial is not progressing and for this reason the testimony…

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