Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Factors to be considered---Assessment of evidence---Scope---Deeper appreciation of evidence could not be gone into at bail stage but mere tentative assessment was to be made of F.I.R., statement of prosecution witnesses, nature of offence, role assigned to accused, mashirnama and medical report. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302/ 337-H(2)/ 148/ 149---Qatl-e-amd, hurt by rash or negligent act, rioting armed with deadly weapons, unlawful assembly---Bail, refusal of---Accused persons were alleged to have murdered the complainant's nephew (deceased)---Specific role was assigned to accused persons by the prosecution---Recovery of weapon was effected from one of the accused---Accused persons were implicated by all prosecution witnesses---Empty shells were recovered from place of incident---Prosecution version was corroborated by medical report/postmortem---Police report under S. 173, Cr.P.C, was not binding on the court---Case fell within prohibitory clause of S. 497, Cr.P.C---Bail was refused in circumstances. Jaffar and another v. The State 1980 SCMR 784 distinguished. Khalida Bibi v. Nadeem Baig PLD 2009 SC 440 and Abdul Hayee v. The State 1996 SCMR 555 rel. ORDER RIAZAT ALI SAHAR, J.---Applicants Kamal son of Chhalo Chachar and Shaukat son of Pir Bux Chachar involved in Crime No.41 of 2011 of Police Station Buxapur, for offence punishable under sections 302, 337-H(2), 148, 149, P.P.C. 2. The relevant facts of the case are that complainant Nazir Ahmed son of Muhakim Din Bhutto had lodged F.I.R. with Police Station Buxapur, for offence punishable under sections 302, 337-H(2), 148, 149, P.P.C, contending therein that there was a dispute in between complainant and Darya Khan Chachar over the matter of theft. On 20-4-2011 in the morning time, the complainant along with his nephews, Buland Ali, Muhammad Hussain, aged about 22/23 years and Ahmed Ali were going on donkey-cart for taking chaff. It was about 7-30 a.m., when they reached at link road leading towards Badani Town, at Ghulam Mustafa Wazirani turn, 8 persons on their motorcycles came from the…

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