Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,324,427

Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), Ss.324/427/34---Attempt to Qatl-i-amd and mischief causing damage---Bail, grant of--Further inquiry---Trial Court had observed that the name of accused had been mentioned in the F.I.R. with the specific role, but in F.I.R. no where said specific role was mentioned---Assertion was general that the bullets were fired by accused---No evidence was available to the effect that back glass of the vehicle was damaged where the bullet hit it and no medical report of the injured person was on record---Further inquiry was needed to connect accused with the offence charged---Accused was entitled to bail, in circumstances. THIS ORDER PASSED BY: MUHAMMAD ATHAR SAEED, J.--- This Criminal Bail Application has been filed against the order of the Ist Additional Sessions Judge, Malir Karachi, dated 31-7-2009 passed in Bail Application No.425 of 2009 relating to F.I.R. No.169 of 2009, under sections 324/427/34 P.P.C. registered at Police Station Steel Town, Karachi. 2. Brief facts of the case are that the complainant namely Khursheed Ahmed son of Din Muhammad had lodged the F.I.R. No.169 of 2009 in Police Station Steel Town at 2210 hours on 2-6-2009, for an incident which occurred on that day, in which he had stated that while he along with his friends were going on their vehicle bearing No.APF-490, Maker Suzuki Liana, towards their home at about 3-00 p.m. at main Gulshan-e-Hadeed near KESC Colony one car coming from front side came near the vehicle of the complainant and stopped in front of their vehicle, from which five persons, in which the applicant has been named as third person, came out holding Kalashnikov and started firing upon them with intention to kill them. The complainant party reversed their vehicle and drove away. 3. According to the F.I.R. a bullet fired by the accused persons hit on the right side glass of the vehicle while one bullet hit Abdul Razzaque son of Ali Sher, sitting on the back seat, on his head, who was shifted to the hospital for treatment. 4. I have heard the learned counsel for the applicant and the learned A.P.G. Sindh. 5. The learned counsel for the applicant/accused…

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