Law:

Section:

Criminal Procedure Code (V of 1898)---S. 497---Penal Code (XLV of 1860), S. 302---Qatl-e-amd---Bail, grant of---Recovery of weapon---Matching of crime empty---Evidence, tentative assessment of---Police was informed by complainant of case on spot who chased accused and arrested one of them while the other ran away---Arrested accused disclosed name of other accused to police and on his arrest pistol was recovered by police which was taken into possession---Crime empty recovered from spot by police and pistol recovered from accused were sent to Forensic Science Laboratory---Report of Laboratory showed that empty was fired from the pistol recovered from possession of accused---Two constables who chased accused also recovered motor cycle from the possession of accused colour and registration number of which were the same given by complainant in F.I.R.---Tentatively accused was reasonably connected with commission of offence which fell within the restrictive clause of S.497, Cr.P.C.---Bail petition was dismissed in circumstances. JUDGMENT LAL JAN KHATTAK, J.---Through the instant criminal miscellaneous bail petition, petitioner Shah Behram seeks his release on bail in case F.I.R. No.113 dated 15-3-2013 registered against him, and his co-accused Mushtaq under section 302/34, P.P.C. at Police Station SMA, Tank. 2. Relevant but short facts of the case are that one Saifur Rehman on 15-3-2013 brought dead body of Jehanzeb to civil hospital, Tank and reported there to Ameer Abdullah SHO PS SMA, Tank to the effect that the deceased is his cousin who was shifted to Tank from D.I. Khan sometime ago. He and the deceased both jointly run mutton and beaf shop, that early in the morning he was present in his shop with Jehanzeb when two persons came riding on a CD-70 motorcycle. One of them took out a pistol of .30 bore and fired at Jehanzeb with which Jehanzeb was hit and critically injured, whereafter both the accused decamped from the scene. He informed two police constables who were on patrol duty near Daman Hotel about the occurrence who chased the accused and arrested one of them who disclosed his name as Shah Behram while the other made his escape good. So a case was…

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