Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Complainant had alleged that accused persons had murdered deceased---Accused along with co-accused was named in FIR but no specific role was assigned to any of the accused persons---Case of accused fell within the ambit of further inquiry---FIR was lodged with delay of more than one year---Accused remained fugitive from law for a long period for the reason that he was taken into custody by Army for interrogation for his terrorist activities---Bail was allowed. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Case of further inquiry---Abscondance of accused---Effect---Abscondance of accused by itself was no ground for refusal of bail, if otherwise, case of accused was of further inquiry. Ehsan Ullah v. The State 2012 SCMR 1137; Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182; Ibrahim v. Hayat Gul and others 1985 SCMR 382 and Qamar alias Mitho v. The State and others PLD 2012 SC 222 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---., Saeed Ahmad seeks bail in case FIR No. 128 lodged on dated 24.9.2008 and registered on 06.10.2009 under sections 302, 324,148,149, P.P.C. and 7 ATA, registered at Police Station Matta, District Swat, as the concession of bail was refused to him by the learned trial Court vide its order dated 25.7. 2016. 2. As per contents of the FIR, the accused/petitioner along with his other co-accused have been charged by the complainant for murder of the deceased Amir Ghaus. 3. Arguments heard and record perused. 4. Perusal of the record reveals that though the accused/petitioner has been directly charged in the FIR by the complainant for murder of the deceased along with his other co-accused, but no specific role has been assigned to none of the accused, rather all the accused have been given general role and it would be determined during trial after recording of evidence that whose fire shot prove effective coupled with the…

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