Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 148, 149 & 324---Qatl-i-amd; attempt to commit qatl-i-amd; rioting, armed with deadly weapon; common object---Bail, grant of---Further inquiry---Rule of consistency---Mere recovery of crime weapon not sufficient to defeat the rule of consistency---Delay of twelve hours in registration of FIR not explained---Medico-Legal Report negated prosecution version---Question as to existence of common intention to be determined at trial---Parties were inimical to each other and the factum of the animosity had been reflected from the averments of the FIR---Trial Court had already granted bail to two co-accused while distinguishing the case of present accused due to recovery of Repeater from his possession, but mere recovery could not defeat the right of present accused to bail, as his case was at par with the case of the co-accused---Accused person had allegedly made straight fires with Kalashnikov and Rifle-222 upon the deceased, but the deceased had received only single bullet injury---Medico-Legal Report had confirmed that the deceased had neither sustained any pellet injury nor had any pellet been recovered during post-mortem---General allegations had been leveled against the accused persons, and no specific injury had been attributed to present accused---Question as to guilt of present accused for common intention was yet to be determined by the Trial court---Challan had already been submitted---State counsel raised no objection to the grant of bail---Bail application was allowed accordingly. Rehmatullah v. Fazal Baqi and another 1998 SCMR 455 and 2011 SCMR 1606 ref. Nisar Ahmed v. The State and others 2014 SCMR 27; Mohammad Iqbal v. The State 2011 SCMR 1943; Shahid v. The State 1994 SCMR 393 and Mohammad Haroon and another v. The State 1994 SCMR 2161 rel. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:----------- Through captioned post-arrest bail application, applicant Anwar Ali has impugned order dated 01.12.2014, whereby his earlier bail application was declined by the Court of Additional Sessions Judge, Moro. 2. Relevant facts narrated in FIR are that on 01.07.2014,…

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