Law:

Section:

Criminal Procedure Code (V of 1898)---S. 497---Penal Code (XLV of 1860), S.302---Qatl-e-amd---Bail, refusal of---Deeper appreciation of evidence---Accused contended that they were charged for single entry wound and there were no blackening or charring marks on dead body of deceased---Validity---Each and every aspect of case was to be taken up tentatively and deep appreciation of evidence was to be avoided---Two crime empties were recovered from the spot and their having been matched with two pistols recovered from the possession of accused was reasonable ground for believing that accused were guilty of offence punishable with death---Non-existence of blackening or charring marks was to be seen when such issue would come before Trial Court as it required deep appreciation which could not be exercised by the Courts at bail stage---Bail was dismissed in circumstances. JUDGMENT LAL JAN KHATTAK, J.---Through the instant criminal miscellaneous bail petition, petitioners Saeed Ahmad etc. seek their release on bail in Case No.891 dated 1-10-2012 registered against them under sections 302/324/34, P.P.C. at Police Station Cantt. D.I. Khan. 2. Relevant but short facts of the case are that on 1-10-2012 at 17-30 hours Rehmatullah reported A.S.I. Rehmatullah in the Emergency Room or Civil Hospital, D.I. Khan to the effect that on the eventual day he was proceeding to Topanwala bazar in his car along with his brother Shaukat Ali who was driving it while he was on the rear seat. When, at about 5-15 hours, they reached near Girls Hostel of Gomal Medical College, there Saeed Ahmad and his brother Waheed Ahmad were found present who signalled Shaukat Ali to stop the car which he did. In the meanwhile both the accused fired at Shaukat Ali with their respective pistols due to such firing his brother was hit and fell on the seat. Being empty handed he could not do anything. The accused after firing decamped from the scene. Motive was set up as a money dispute. 3. On arrest by the local police in the case, both the accused-petitioners applied for their release on bail but their bail petitions were rejected by the two courts below whereafter they have now applied for their bail from…

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