Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 324, 114 & 34---Qatl-e-amd, attempt to commit qatl-e-amd, abettor present when offence is committed, common intention---Bail, refusal of---Day time incident---Specific allegation---Ocular evidence corroborating medical evidence---Effect---Accused party allegedly intercepted the complainant side and started firing upon them---Accused was specifically alleged to have caused firearm injuries to the deceased---Incident was a day time occurrence---Name of accused with a specific role transpired in the F.I.R. as well as in statements under S.161, Cr.P.C.---Prosecution witnesses disposed in the same line before the Trial Court and categorically stated that accused had caused the fatal firearm injury to the deceased---Ocular and medical evidence were in the same line to the effect that firearm injuries were caused to the deceased, who succumbed to the said injuries---Case of accused did not fall within the meaning of S.497(2), Cr.P.C.---Bail application of accused was dismissed in circumstances. PLD 2009 SC 58; 2009 MLD 796 and 1995 SCMR 1316 distinguished. Muhammad Abbasi v. State 2011 SCMR 1606 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Bail---Material to be relied upon by court---Scope---While deciding a bail application the courts have to mainly rely upon the material brought on record by the prosecution, including F.I.R., statement of complainant, statements under S. 161, Cr.P.C as well as incriminating/circumstantial evidence etc.--Said documents/statements were not to be thrashed in such a manner that would result in deeper appreciation of evidence or material which was not permissible within scope of Ss. 497 and 498, Cr.P.C. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Bail---Delay in lodging F.I.R.---Effect---Delay in lodging F.I.R. per se was no ground for claiming bail. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Penal Code (XLV of 1860), Ss.302, 324, 114 & 34---Bail---Ocular and medical evidence---Conflict in seat of injuries---Scope---Slightest difference about seat of injury in ocular…

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