Law:

Section:

(a) Criminal Procedure Code (V of 1898)---S. 497---Penal Code (XLV of 1860), Ss.302, 337-H(2), 114, 148 & 149---Qatl-e-amd, rash and negligent act, presence of abettor, rioting---Bail, refusal of---Delay in lodging of F.I.R. had been explained appropriately---No scuffle as alleged had taken place between the parties, and specific role of firing and causing fatal injury to accused had been attributed---Both parties resided in same village and were well known to each other---Prior to the incident, there was a quarrel between the children and after exchange of hard words, parties were not on talking terms with each other---Parties though belonged to different sects, but no evidence was available on record to indicate that alleged offence was result of any sectarian dispute---Accused was specifically named in the report, and direct and particular role had been ascribed to him in the F.I.R. to the effect that allegedly accused had fired shots directly at the deceased from his pistol---Crime weapon, pistol was recovered and produced by accused---Question of darkness at the place of incident, could not be determined or considered as deeper appreciation and discussion of the evidence at the bail stage would definitely affect the case of either party---Accused was main culprit who had fired shots directly which hit the deceased at right side of his abdomen which resulted into the death of the deceased---Role of accused could not be termed at par with the role of co-accused to whom bail had already been granted---Accused had failed to make out a prima facie case for consideration of concession of bail at initial stage---Bail application of accused, was dismissed, in circumstances. Gyasuddin v. The State 2006 S.L.J. 179 and Ahmed v. The State 2007 PCr.LJ 987 distinguished. Dilawar Khan and another v. Iqbal Khan and another 2010 PCr.LJ 502; Gohram and another v. The State 2012 MLD 1927; Mst. Qudrat Bibi v. Muhammad Iqbal and another 2003 SCMR 68; Balach v. The State 2010 PCr.LJ 509; Khalida Bibi v. Nadeem Baig PLD 2009 SC 440; Raja Muhammad Irshad v. Muhammad Bashir Goraya and others 2006 SCMR 1292; Ayaz v. The State 2011 PCr.LJ 177 and Shoaib Shahid v. The State 2011…

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