Law:

Section:

(a) Criminal Procedure Code (V of 1898) --------- ----------S. 497(2) --------- Penal Code (XLV of 1860), Ss. 302, 324 & 34 --------- Qatl-i-amd, attempt to qatl-i-amd, common intention --------- Bail, grant of --------- Further inquiry --------- Discriminate firing --------- Recovery of empties --------- Forensic science report in contradiction to FIR --------- Accused were alleged to have murdered two brothers of complainant --------- Similar role of discriminate firing had been attributed to accused and absconding co-accused, but only five empties of thirty-bore weapon along with a spent bullet had been recovered from spot --------- Forensic Science Report, revealed that all said five empties had been fired from one and same thirty-bore weapon, which gave rise to the question as to whether one or more persons had fired at the victims --------- Said factor alone made case one of further probe and made accused entitled to concession of bail --------- Bail applications were allowed accordingly. (b) Criminal Procedure Code (V of 1898) --------- ----------S. 497(2) --------- Bail --------- Principles --------- Court, at bail stage, cannot go into deeper discussion on merits of case --------- Only tentative assessment of available record is to be kept in view while disposing of bail petition. THIS JUDGMENT DELIVERED BY: QAISER RASHID KHAN, JUSTICE:---------- Through the instant petition, the accused-petitioner seeks bail in case FIR No. 594 dated 17.07.2013 registered under sections 302/324/34, P.P.C. by Police Station Tehkal, Peshawar after being denied the said concession by the learned lower fora. 2. Briefly stated facts leading to the instant petition are that the complainant Amjad while reporting the crime at the Casualty of KTH alleged that a day before the occurrence a quarrel took place between his deceased brothers namely, Najeeb Khan and Kamal with the co-accused namely, Nazir and Bashir and for the redressal of grievances of the parties he along with his deceased brothers went to the shop of Zeeshan where the accused-petitioner along with his co-accused namely, Zeeshan, Nazir and Bashir duly armed with deadly weapons were present and during…

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