Law:

Section:

Criminal Procedure Code, 1908 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 324, 109, 120-B, 34 & 504--Bail, grant of--Old murderous enmity--Police custody--Abetment--No overt act of making fire upon deceased had been assigned to accused rather only allegation against her was that she and co-accused met principal accused and provided him pistol, from which, murder had been committed by principal accused inside Prisoner's Hall--Neither complainant nor any one has seen applicant and co-accused, while giving pistol to principal accused; however it is only word and claim of prosecution that applicant and co-accused provided pistol to principal accused--Allegation of providing pistol to principal accused against two accused including applicant and there was no specification that it was applicant or co-accused who provided pistol to principal accused, therefore, it is yet to be determined during trial that who gave pistol to principal accused--Absconsion of applicant was concerned, it is well settled law that absconsion would not come in way of grant of bail, if otherwise case was made out for grant of bail--Applicant has been able to make out a case for grant of bail and in such circumstances accused should not be deprived of benefit of bail. ORDER Through this application, the applicant seeks post arrest bail, as her bail application has been dismissed by the learned Additional Sessions Judge-VII, Larkana, vide Order dated 26.2.2016, in Crime No. 05/2012, Under Sections 302, 324, 109, 120-B, 34, 504, P.P.C., of P.S. Civil Line, Larkana. The brief facts of the prosecution case are that on 16.01.2012, the Complainant Imdad Ali Umrani, lodged the said F.I.R, stating therein that he alongwith his brother viz. Mashooq Ali, Imtiaz Ali and cousin viz. Arif Ali, were in judicial custody in Crime No. 07/2010, under Section 302, P.P.C., for the alleged murder of Ahsan Umrani, the nephew of Habibullah Umrani, who was also in judicial custody in Crime No. 19/2011, under Section 324, P.P.C., and Crime No. 09/2011 under 324, P.P.C. of P.S: Areeja and Abdul Ghafoor, Karim Bux, Ahmed and Rehmatullah, were threatening Complainant for withdrawal of the…

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