Law:

Section:

(a) Criminal Procedure Code (V of 1898) --- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/34---Qatl-e-amd, common inten-tion---Bail, grant of---Further inquiry---Benefit of doubt---Allegation against accused persons was that they dragged the deceased and gave him fist and kick blows---Contentions of accused persons were that there was no evidence on record to suggest that they attacked the deceased with intention to kill him; that admittedly no weapon had been used during the occurrence, and that record showed that deceased had died on account of cardiac disease or attack---Validity---Medical evidence showed that deceased had been inflicted fist and kick blows---Evidence and circumstances at best did not show commission of qatl-e-amd and it was yet to be determined whether the case of accused persons fell under section 315, P.P.C or otherwise---Benefit of doubt went in favour of accused persons even at bail stage---Alleged offence required further inquiry---Accused persons were granted bail, in circumstances. Aslam Khan v. Qaiser Khan 1999 PCr.LJ 582 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497/498--- Bail--- Assessment of evidence---Scope---Best course for determination of a bail application was to look into the matter cursorily and assess the same tentatively. ORDER ABDUL QADIR MENGAL, J.---This application under section 497, Cr.P.C. has been moved in case F.I.R. No.75 of 2012, dated 9th April, 2017 for offences under section 302/34, P.P.C., registered at Police Station Brewery, Quetta. 2. Brief facts leading to filing the present bail application are that one Ahsan Sardar son of Sardar Masih on 9th April, 2012, at 7-55 p.m. lodged report with Police Station Brewery, Quetta, through a written report, wherein that he alleged that he alongwith his brother Kashif Sardar and other family members had gone to St. John Vianny Church to attend a religious ceremony, where the accused Abneer extended abuses to Kashif stating that he would not let him alive. It was 7-15 p.m. when they reached near to their houses situated at Spini Road, Quetta, there they saw Ishaq, Samson John, Abneer and Azmeer, who were heating Kashif and they also dragging him in…

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