Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, grant of---further inquiry---Scope---Accused would be entitled to the discretionary relief of grant of bail when on the tentative assessment of material brought on record before it, the court would reach to a conclusion that there were no reasonable grounds for believing that accused was guilty of a non-bailable offence, or an offence punishable with death, imprisonment for life or imprisonment for ten years and in; the absence of such findings, court was debarred to hold that case was of further inquiry, entitling accused to bail within the meaning of S.497(2), Cr.P.C. (b) Criminal Procedure Code (V of 1898)-- ---S. 497---Penal Code (XLV of 1860), Ss.302, 324 & 427---Qatl-i-amd, attempt to commit qatl-i-amd, mischief---Bail, refusal of-Complainant who was brother of deceased, he along with his son being eye­witnesses of the occurrence, implicated single accused by name for indiscriminate firing at the deceased; which resulted in his immediate death---Matter was promptly reported on the same day, without any delay---Question of deliberation and consultation, would not arise, in circumstances---Conflict between ocular account and medical evidence, as well as site plan, could not be appreciated without a deeper appreciation of evidence, and the same was not warranted at bail stage---Veracity of plea of 'alibi' would be determined and scrutinized during trial---Contention of accused was that since the case was one of further inquiry, he was entitled to bail--- Validity---Accused became absconder for long time soon after the occurrence---Twenty six empties were recovered from the spot---Weapon of offence i.e. Kalashnikov, recovered at the pointation of accused and empties, were sent to expert, report of which was in positive---Prima facie, case against accused, fell within prohibitory clause of S.497, Cr.P.C. disentitling him to be released on bail---Bail petition was dismissed, in circumstances. Qamar alias Mitho v. The State and others PLD 2012 SC 222; Khan Zada v. The State and another 2012 PCr.LJ 1883; Kalsoom Bibi and another v. The State and another 2012 PCr.LJ 1887; Muhammad Iran and others v.…

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