Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Penal Code (XLV of 1860), Ss. 302 & 34 --------- Qatl-i-amd, common intention --------- Bail, refusal of --------- Evidence against accused and his co-accused, was of last seen of the deceased with accused and his co-accused --------- Prosecution witnesses had seen the deceased with accused and his co-accused in a taxi driven by co-accused, a little while before the occurrence --------- Role attributed to co-accused, was quite different from the role alleged against accused --------- Application and attraction of rule of consistency, did not arise, as the role of co-accused, who had already been released on bail, was not identical with role alleged against accused --------- Trial of the case had commenced --------- Bail petition was dismissed, in circumstances. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:---------- Petitioner, who is involved for the offence of section 302/34, P.P.C., booked through FIR No. 86/2014, of Police Station City Chilas, District Diamer, seeks his release on bail through this petition. Previously, petitioner and his co-accused sought similar facility from the court of Sessions Judge Diamer, who, through his order dated 22-4-2015, refused to grant the same. Then Muhammad Afzal, one of the co-accused of petitioner, moved this Court for grant of bail facility, and through order dated 29-5-2015 on Cr. Misc. No. 51/2015, the said co-accused was released on bail. 2. Prosecution story of occurrence is that petitioner and his co-accused were seen in a taxi, driven by Muhammad Afzal, one of the co-accused of petitioner, a little while before the occurrence. Allegedly, petitioner and his co-accused took the deceased Rash Khan son of Sher Zaman to a timber depot in Chilas and committed the occurrence. The occurrence is reportedly unseen, and the only evidence against the petitioner and his co-accused is the statements of the PWs, who have seen the deceased with the petitioner and his co-accused, a little while before the occurrence. 3. I have heard learned counsel for petitioner and learned Deputy Advocate General and also gone through the material available on file.…

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