Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,302,324

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/324/34---Qatl-e-amd and attempt to commit qatl-e-amd---Bail, refusal of---Accused along with his other two co-accused was directly charged in promptly lodged F.I.R. for committing the murder of deceased---Blood stained earth and recovery of empties was also effected from the spot; and the post mortem report had supported the version of the prosecution---Available record on the file would prima facie suggest the involvement of accused with the commission of offence---Plea of alibi raised by accused, no doubt, could be considered at bail stage and same could well be accepted even in the case of capital punishment, if peculiar facts and circumstances of the case so justify---Accused had raised a plea of his innocence, but without prejudice to any body, same was not of the nature that should be accepted as it was---Such plea would require its appreciation by the Trial Court which would decide its genuineness---Accused raised plea of old-age---Mere old age of accused was not a sufficient grounds for release of accused on bail---Case of infirm and sick persons could be considered for the purpose of bail, whereas case of the accused was silent in that regard and nothing of the sort had been brought on the record---Case of accused being not fit for his release on bail, his bail application was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: MAZHAR ALAM KHAN MIANKHEL, J.--- The petitioner herein seeks his release on bail after refusal of the same by the lower forums in case F.I.R. No.628 dated 19-10-2010 of Police Station Shahbaz Garhi District Mardan. 2. Occurrence in this case was reported by one Saeed Rahim son of Abdur Rahim that he along with his two nephews Fahad Zia, the deceased and Sarwar Ahmad, was going to village Baru when they reached near syphen, they were attacked upon by Javed Akbar, Ikram and Mahmood by firing at them with their respective weapons and resultantly Fahad Zia (deceased) was hit who succumbed to his injuries and being empty handed, they could not retaliate. Motive for the offence was stated to be a blood feud between the two parties. The occurrence…

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