Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 498-A---Penal Code (XLV of 1860), Ss. 324, 337-H(2), 147, 148, 149, 114, 337-A(i), 337-F(i) & 337-F(vi)---Attempt to commit qatl-e-amd, hurt by rash or negligent act, rioting, rioting armed with deadly weapons, abettor present when offence committed, shajjah-i- khafifah, ghayr-jaifahdamiyah, ghayr-jaifah (munaqqillah)---Bail, refusal of---Admitted enmity between the parties---Specific role of firing at the hip of injured victim---Version of complainant supported by prosecution witnesses and medical evidence---Prima facie Ss. 324 & 337-F(vi), P.P.C. were attracted to the present case, which were punishable upto ten years and fell within the prohibitory clause of S. 497(1), Cr.P.C.---Accused was refused bail in circumstances. Muhammad Waqas v. State 2002 SCMR 1370 ref. THIS ORDER PASSED BY: HASAN FEROZ, J.--- By this order, I intend to dispose of above Criminal Bail Application No.S-863/2013 moved on behalf of applicant Habibullah Shar by Mr. Amjad Ali Sahtio, Advocate in Crime No.4 of 2013 of Police Station, Soofi Faqeer, Umerkot under sections 324, 147,148, 149 , 337-H(2), 114, 337- A(i), 337-F(i), P.P.C. 2. Concisely the brief facts of the prosecution case are that on 8-7-2013 the complainant Abdullah lodged F.I.R. alleging therein that there is an old enmity between the parties and such cases are pending trial before the Courts. On the day of incident, the present applicant Habibullah Shar armed with pistol along with co-accused came on two motorcycles at Dhoro Mori where Abdul Ali was already available, who intercepted the car of the complainant party in which complainant Abdullah and his brother Ghulam Mustafa and Muhammad Azam Nohani were present and got down from the motorcycles, on which Abdul Ali instigated all of the accused persons to kill Ghulam Mustafa, meanwhile, on his instigation, accused Murad Ali and others alighted Ghulam Mustafa from the car and caused back side of hatchet blow on his head, so also accused Shahzad Ali caused hatchet blow on his head and Ghulam Mustafa fell down on the ground and applicant/accused Habibullah Shar fired from his pistol which hit him on his right hip.…

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