Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302 & 34---Qatl-i-amd, common intention---Bail, refusal of---Report had been lodged within thirty minutes of the occurrence, which prima facie, discarded the element of consultation and deliberation in nominating the accused---Version of the complainant in the FIR got support from the statements of prosecution witnesses, and medical evidence---Accused had been attributed a direct role of causing injury to the deceased with a specific motive, which was previous blood-feud between the parties---Contention that story, stated in the FIR, was inconsistent with the medical evidence and entries made in the site plan, could not be appreciated without deeper appraisal of evidence, which at bail stage was unwarranted---Plea of alibi raised by accused could be considered by the Trial Court in the light of the evidence led by the prosecution and defence---Ground of further enquiry should be based on a rational conclusion arrived at with reference to the peculiar facts of the case and not mere hypothetical and whimsical statement, contrary to the material available on record---Bail was refused, in circumstances. Subeh Sadiq alias Saabo alias Kalu v. The State and others 2011 SCMR 1543; Ehsanullah v. The State 2012 SCMR 1137 and Ghulam Ahmad Chishti v. The State and another 2013 SCMR 385 ref. Mumtaz v. The State 2012 SCMR 556; Muhammad Abbasi v. The State and another 2011 SCMR 1606; Rabnawaz and another v. The State and another 2005 PCr.LJ 13; Ghulam Ahmad Chishti v. The State and another 2013 SCMR 385; Haji Rahman Gul v. Imranuddin and another 2009 SCMR 1179 and Syed Maqbool Muhammad v. The State 2005 SCMR 635 rel. JUDGMENT SYED AFSAR SHAH, J.---Involved in case FIR No.46 dated 23-3-2014 under sections 302/34, P.P.C. of Police Station Shaheed Nawab Khan Paharpur, accused/petitioner Abdul Latif applied for his post arrest bail to the court of Judicial Magistrate Paharpur, but with no premium to him as his petition was dismissed vide order dated 3-7-2014, whereafter, he took the matter to the court of learned Additional Sessions Judge Paharpur, but there he also met the same fate as his…

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