Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Pakistan Arms Ordinance (XX of 1965), S.13---Qatl-e-amd, attempt to commit qatl-e-amd, common intention, possessing unlicensed arms---Bail, refusal of---Accused was directly charged in promptly lodged F.I.R. for the murder of the sister-in-law of the complainant---Sufficient ocular account, prima facie, had connected the accused with the crime---Ocular account was supported by medical evidence, recoveries, site plan and motive---Weapon of offence was recovered which was sent to Forensic Science Laboratory, along with the empties recovered from the spot, report of which was positive---Since effective role had been assigned to accused, he was not entitled to bail on the principle of consistency, when the trial had already been commenced before the Trial Court. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail application---Cross version pleaded by accused---Points to be considered by court---Further inquiry---Court had to take a tentative account, or for that matter a bird's eye-view of the available record, which prima facie connected accused with the crime entailing capital punishment---Courts were not bound to consider every cross case to be a fit case for further inquiry; and to grant bail to accused, giving the fact that only tentative assessment was permissible at bail stage. 1992 SCMR 501; PLD 1990 SC 83 and 2005 SCMR 1402 ref. JUDGMENT MRS. IRSHAD QAISER, J.---Having been denied the concession of bail by the learned Lower Forum in case F.I.R. No.445 dated 18-10-2013 under sections 302/324/34, P.P.C. read with section 13, A.O. Police Station Khanpur District Haripur, the petitioner Muhammad Fiaz has now approached this Court for the same relief. 2. The brief facts of the case as incorporated in the murasila are that complainant Muhammad Afzal brought the dead body of his sister in law Mst. Kausar Bibi in emergency Ward DHQ Hospital Haripur on 18-10-2013 at 11-00 a.m. and reported the matter to the police to the effect that on the day of occurrence at about 8-45 a.m., he was sowing his field with tractor while his sister in law Mst. Kausar…

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