Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Penal Code (XLV of 1860), Ss.302 & 34 --------- Pakistan Arms Ordinance (XX of 1965), S.13 --------- Qatl-i-amd, common intention, possessing unlicensed arms --------- Bail, refusal of --------- Bail was sought on two grounds; that accused was juvenile and that co-accused having been released on bail, accused was entitled to grant of bail on rule of consistency --------- Court at bail stage only tentatively assessed the prosecution evidence for considering grant or refusal of bail to accused --------- Day light occurrence and at least 2 eye-witnesses had seen the incident --------- School leaving certificate of accused showed his date of birth as 2-2-1997; and at bail stage, court was bound to accept the same as correct --------- Opinion of Medical Board that age of accused was 14 to 16 years at the relevant time, still needed to be proved through evidence in the trial --------- Rule of consistency, did not attract in the case of accused as Police had discharged co-accused under S.169, Cr.P.C.; and it was still up to the Trial Court, either to charge said co-accused for the alleged offence or to accept the Police version --------- Bail could not be granted to accused, in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALAM, JUSTICE:---------- Petitioner, who is involved for the offences of section 302/34, P.P.C., booked through FIR No. 26/2014 and section 13 of Arms Ordinance, booked through FIR No. 28/2014 of Police Station Tangir, District Diamer, seeks his release on bail through this petition. Previously, petitioner sought similar facility from the court of Sessions Judge Diamer, who, through his order dated 19-12-2014, refused to grant the same, hence this petition. 2. The FIR of the occurrence found chalked on the written application of the FIR lodger, who is uncle of the deceased. Through the said application, the FIR lodger complained that, at the time of occurrence, the FIR lodger was cutting maize crops along with his son Afridi and nephew Haji Deen, when he heard fire shot reports and saw petitioner opening fires on his nephew Haji Deen. A bullet of the firing of the…

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