Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Nature of injury on deceased not matching the nature of weapon assigned to accused---Effect---Accused along with the co-accused was alleged to have fired at the deceased---Accused was specifically alleged to have made two fire shots at the right shoulder and right buttock of the deceased---One of the co-accused who was also alleged to have fired at the right buttock of the deceased was already granted bail with the observation that eight different accused persons were alleged to have fired at the right buttock of the deceased ; that wound on right buttock of deceased showed a cluster of holes located in close proximity inter se, but none of the accused was shown to be armed with a soft bore (0.12 bore) weapon---Same observation was attracted to the present accused's case---Equity of treatment had to be maintained between the accused and co-accused who had already been granted bail---Other allegation against accused was of firing at right shoulder of deceased, but said injury was not supported by medical evidence---Accused was no more required for purposes of any recovery or investigation---Case was one of further inquiry into guilt of accused---Accused was admitted to bail accordingly. THIS ORDER PASSED BY: SHAHID HAMEED DAR, J.--- The petitioner, Kalay Khan alias Kallu faces the allegation that he being armed with pistol .30-bore joined by eight others, all armed with firearms of different bores, fired at Muhammad Saleem and murdered him at 2.00 p.m. on 22-9-2012. The petitioner specifically fired twice at the right shoulder and right buttock of the deceased. The motive behind the occurrence pertained to a previous murder-case, Jahangir being the deceased thereof. 2. After hearing learned counsel for the parties and perusing the record, it is observed that a co-accused of the petitioner, namely Ghulam Qadir, who allegedly fired at the right buttock of the deceased, was granted post-arrest bail vide order dated 20-3-2014, made by this court in Crl.…

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