Law:

Section:

Criminal Procedure Code (V of 1898)--- --------S. 497----- --------- Penal Code (XLV of 1860), Sections 302, 148, 149---Qatl-i-amd; rioting armed with deadly weapons; common object---Bail, refusal of---Specific role of making fire upon the deceased had been assigned to the accused; therefore, accused could not be said to have no intention to commit murder --------- Postmortem report showed that the deceased had received three fire shot injuries on his person---Mashirnama of the place of occurrence showed that three empties had been recovered from there---Accused had got recovered the crime weapon---Delay of eight hours in lodging of the FIR had been plausibly explained by the complainant --------- Relationship of the complainant and the prosecution witnesses with the deceased was not enough to disbelieve their version at bail stage, as contents of the FIR showed that they were natural witnesses to the incident---Where accused was charged with common intention to murder the deceased in pursuit of family vendetta by firing at the deceased with their firearms, it was immaterial as to whose shot have proved fatal---Bail application was dismissed. 1980 SCMR 784 and 2002 PCr.LJ Kar. 494 ref. Ali Hassan and another v. The State 2011 YLR 846 and Khamiso and another v. The State 1999 PCr.LJ 9 rel. THIS ORDER PASSED BY: GHULAM QADIR LEGHARI, JUSTICE:------------------ Applicant Saddam Gopang seeks post arrest bail in Crime No.13/2015, registered with Taluka Police Station Larkana, for offences punishable under Sections 302, 148, 149 P.P.C. The case of prosecution is that, on 19.02.2015 complainant Mir Muhammad Gopang, lodged FIR with Taluka Police Station Larkana, stating therein that, about three years back his uncle Pir Bux Gopang had obtained the hand of Mst. Salma the sister of Jabbar Gopang for his cousin Muhammad Ayoub in lieu of money and had asked Jabbar and others for marriage of Muhammad Ayoub; who demanded one lac more for giving hand of Salma, to which uncle of complainant Pir Bux Gopang told Jabbar and others that he has no other money, as such they refused to give the hand of Mst. Salma for Muhammad Ayoub. Thereafter, on 15.1.2015, cousin of complainant…

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