Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302 & 34--Bail, refusal of--Absconder--Possibility of deliberations before registration fo FIR cannot be assumed--Nominated with specific role of causing injury--Medical evidence corroborate with ocular account--Validity--No justification could be given by petitioner for such abscondance--Prima-facie, there is incriminating material against petitioner to connect him with commission of' offence--Accused was not entitled for grant of bail after arrest. ORDER This is a petition under Section 497, Cr.P.C. for grant of post-arrest bail in case F.I.R. No. 330/2013 dated 08.12.2013 for the offence under Sections 302/34, PPC registered with Police Station Kundian, District Mianwali. 2. Brief facts of the case are that the complainant alongwith Auwn Ahmed and Amir Waqas went to R.H.C Kundian for some work. At about 4/5 p.m when they coming on motorcycle, reached in front of Mosque Fezan-i-Madina, Sher Afgan son of Abdul Hayee was standing in front of gate of his house, when suddenly Rehan Farooq Khan and Muhammad Azeem Khan came there on a motorcycle and both of them fired at Sher Afghan with their pistols. Fire of Rehan Farooq hit on the head of Sher Afghan, who fell down. Both the accused went towards north and raised lalkara that whoever come forward will be killed. Sher Afghan expired on the spot. Motive behind the occurrence is that Sher Afghan had enmity of murder with the accused and due to that enmity they killed Sher Afghan. Hence this FIR. 3. Arguments heard. Record perused. 4. The main emphasis of the learned counsel for the petitioner is that the petitioner was arrested on 1.12.2014 and remained on physical remand but nothing was recovered from him and that during the investigation he has been declared innocent. He has relied upon the case law oited as Nisar Ahmad…

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