Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.324 & 34---Attempt to commit qatl-i-amd---Bail, refusal of---Co-accused had been acquitted by the Trial Court---Accused, who went abroad after more than two months of registration of case and house search, remained absconder wilfully for a considerable long period of four years; and after acquittal of his co-accused, he surrendered himself---Accused who absconded after the occurrence for noticeable period, would not be invariably entitled to bail merely because his co-accused had been acquitted in the case---Evidence recorded in absence of accused, could not be taken into consideration, either at bail stage, nor during trial; as the fate of accused would be decided on the evidence recorded in his presence---Accused was directly charged in the FIR by the complainant---Injury, which resulted into amputation of right foot of the complainant above his ankle; recoveries of two empties from the side of accused; motive and ocular account of eye-witness, supported the complainant's version for commission of offence by accused, which offence fell within the prohibitory clause of S.497, Cr.P.C.---Investigation in the case was complete, and trial was ready for commencement in the near future---Reasonable grounds existed for believing that accused had committed the offence---Petition for grant of bail, stood dismissed, in circumstances. Atlas Khan v. Mazamullah Khan and another 1989 PCr.LJ 2044 and Sardar v. State PLD 1979 Pesh. 16 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---.--- Petitioner Nasir Khan involved in case FIR No. 453 dated 19.08.2011, under sections 324/34, of Police Station Saddar Bannu was refused bail by the learned Additional Sessions Judge-I, Bannu, vide its order dated 15.12.2015. He has moved this further application through counsel for his release on bail. 2. The allegations against the accused/petitioner as per FIR referred to above are that on 19.08.2011, he along with Qaiser Khan (acquitted co-accused) duly armed with pistols and in furtherance of their common intention attempted at the life of complainant Qasim Khan and his father Syed…

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