Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 324

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.324---Bail, grant of---Further inquiry---Allegation against accused was that he was present at the time of the incident duly armed with dagger, but nothing was available on record to show that he had actually used the dagger--Merely presence of accused was not sufficient to establish the case of prosecution against accused---Case of accused falling within the ambit of further inquiry, he was allowed bail. THIS ORDER PASSED BY: BIN YAMIN, J.--- This order will dispose of this bail application filed on behalf of applicant/accused Junaid son of Attaur Rehman who is detained in jail in crime No. 404 of 2006 registered under sections 324/34, P.P.C. at Police Station Saeedabad Karachi. Brief facts of the case are that on 31-12-2002 complainant Muhammad Shahid Zia lodged F.I.R. at aforementioned police station therein that on that day his younger brother brought ox for sacrifice on Eid occasion. The said ox was fastened outside the house with the telephone pole. He further stated that applicant/accused and others quarrelled with his younger brother and asked him to remove ox from the place where it was tied. It is further alleged that aforesaid dispute between the parties was subsided on the intervention of Muhammad Majid and Zaiuddin brother and father respectively of the complainant. It is further submitted that the applicant/accused and his companions went away to their house while threatening that they will see. Thereafter at about 9-00 hours accused Zawar armed with T.T. pistol, accused Talah with big weapon and accused Junaid armed with dagger came and attacked on complainant party. In the incident, as a result of firing made by accused Zawar Khan by pistol, Muhammad Majid brother of complainant sustained bullet injury on the left leg and one bullet hit to his father Zaiuddin on his belly. Thereafter the applicant/accused and his companions ran away from the place of wardat. Injured persons were taken to Abbasi Shaheed Hospital, whereas complainant lodged F.I.R. against the applicant/accused and two others for causing fire-arm injuries. After registration of F.I.R.…

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