Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302 & 34---Qatl-e-amd, common intention---Bail, refusal of---Complainant was not the eye-witness of the alleged incident, but prosecution witnesses had implicated accused by assigning role through statements recorded under S.161, Cr.P.C.---Police had secured empty of Kalashnikov, two cartridges fired from repeater, and empty bullets fired from the pistol---Prosecution witnesses had alleged that accused fired along with co-accused with repeater over them, who saved themselves by taking shelter of walls---Such act done on the part of accused was duly supported by memo of recoveries, and signs of firing available on the walls---Role of accused was of the nature to facilitate others for committing murder---Attempt to commit murder, was visibly available against accused---Bail petition of accused, was dismissed, in circumstances. Allah Bachaya v. State and another PLJ 2011 Cr.C. (Lahore) 119 and Tasaver and another v. The State 2006 PCr.LJ 620 ref. THIS ORDER PASSED BY: NOOR-UL-HAQ N. QURESHI, J.--- Through the present petition, the petitioner seeks post arrest bail in connection with F.I.R. No.112-2013 dated 14-9-2013 under section 302/34, P.P.C., Police Station Bani Gala, Islamabad. 2. The above F.I.R. was lodged in the formal complaint of Liaqat Ali, alleging therein that his son namely Shahid Mahmood aged about 27-years, was working as a watchman in the farm house of one Mazhar Hussain for the last 15/20 days. On 14-9-2013, at around 8:30 a.m., Qamar Zaman informed him, that Rustam had told him that his son was admitted in the PIMS Hospital, Islamabad on account of fire injury. The complainant went to the Hospital and found the dead body of his son. There, he asked Abrar, Sajid and Mazher about the incident, and Mazhar told him that he was present in his house at 7:00 a.m., when he heard sound of firing from his farm house. He rushed towards the farm house, and there he found that Sabeel Ahmed equipped with Kalashnikov, Ehsan equipped with repeater, and Muhammad Tufail equipped with 30-bore pistol were fleeing away after firing. There, he found Shahid Mahmood lying inside the…

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