Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 114,148,149,302,337-H(2)/,504,506(2)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/337-H(2)/506(2)/148/149/114/504--Qatl-e-amd, hurt by rash or negligent act, criminal intimidation and intentional insult to invoke breach of the peace---Bail, refusal of---Allegation against accused was of straight firing upon deceased with intention to kill, which hit his left side belly---Medical evidence was in support of ocular evidence, and it was confirmed from medical report that the death was caused due to injury caused by discharge of firearm---Question whether the firing was done by a short gun or rifle, was to be decided at trial---Only tentative assessment of the material available on record, was to be made at bail stage and deeper appreciation of evidence, was not permissible---No case of bail having been made out, bail application was dismissed, in circumstances. THIS ORDER PASSED BY: NADEEM AZHAR SIDDIQUI, J.--- Through this application, applicant seeks bail in case vide Crime No. 58 of 2006, Police Station Taluka, under sections 302, 337-H(2), 506/2, 148, 149, 114 and 504, P.P.C. The allegation against applicant as per F.I.R lodged by complainant Arab Ali on 3-7-2006, with Police Station Taluka, is that he on the instigation of co-accused Shahnawaz made straight rifle shot at Imam Bux, the brother of complainant, who was removed to hospital, where he succumbed to injuries. The motive for the offence is said to be the dispute between parties over the landed property. The learned trial Court declined bail plea of the applicant mainly on the ground that he is nominated in the F.I.R. with specific role of causing the murder of deceased Imam Bux, therefore he is not entitled for concession of bail. Learned counsel for the applicant mainly contended that there are counter cases between the parties, as the case vide F.I.R No.59 of…

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