Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 147,148,149,302,337-H(ii),

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.302, 337-H(ii), 147, 148 & 149---Qatl-e-amd---Bail, refusal of---Prosecution witnesses who were available at the time of occurrence, had fully implicated accused in commission of crime---Identification of accused was shown in light, but it was not mentioned whether that was torch light or on electricity light---Accused, after incident escaped and remained absconder and did not appear before the Investigating Officer during investigation---Accused remained absconded for a period of one year and eight months---Accused was also involved in another criminal case under Ss.395, 353, 324, P.P.C. and in that case a kalashnikov had also been recovered from him---Name of accused appeared in F.I.R., where specific role had been assigned to him---Accused being relative of complainant party, identity of accused by name in the F.I.R. was not doubtful---Blood-stained earth and 20 empties of kalashnikov had been recovered from place of occurrence, which corroborated the version of eye-witnesses---Post mortem report revealed that deceased died due to fire-arm injury, which also supported the version of the ocular evidence---As accused along with other co-accused was involved in a double murder case he was not entitled for any concession of bail---Accused having not been able to make out a case of further inquiry, his bail application was dismissed. 1982 PCr.LJ 30; 1917 SCMR 251; 2006 SCMR 71 and PLD 1997 SC 545 rel. THIS ORDER PASSED BY: SYED SHAFQAT ALI SHAH MASOOMI, J.--- Applicant is seeking bail in Crime Nos. 110/2007/2009 of Police Station, Gambat, Sukkur registered for an offence under sections 302, 337-H(ii), 147, 148, 149, P.P.C. The facts leading to the case are that on 16-8-2007 at 2300 hours complainant Arbab Ali lodged F.I.R. stating that he along with his brothers Muhammad Alam, Muhammad Maroof, nephew Ghulam Hussain and cousin Hubdar were irrigating the land and at about 9-30 p.m. the present applicant Ali, Gul including 13 other persons armed with deadly weapons came there made direct fires along with co-accused with Kalashnikovs at Muhammad Alam and Muhammad Maroof, which hit…

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