Law:

Section:

Criminal Procedure Code (V of 1898)--------- ----------S. 497(2)---------Penal Code (XLV of 1860), Ss.302, 392 & 34---------Pakistan Arms Ordinance (XX of 1965), S.13---------Qatl-i-amd, robbery, common intention---------Possessing unlicensed arms---------Bail, grant of---------Further inquiry---------Accused was not nominated in the FIR and was involved in the case on the statement of co-accused, who was nominated by the complainant in his supplementary statement---------Accused had already been acquitted from the charge in the case---------Mere absconsion of accused, could not be a valid ground for refusal of bail to him, if otherwise, he had a case for bail on merits---------Material, collected in the case, was not sufficient to prima facie show, that accused had committed alleged offence---------Guilt of accused needing further probe, his case called for further inquiry---------Accused was released on bail, in circumstances. Ghulam Ahmad Chishti v. The State 2013 SCMR 385; Mitho Pitafi v. The State 2009 SCMR 299; Allah Ditta v. The State and others 2012 SCMR 184 and Qamar alias Mitho v. The State and others PLD 2012 SC 222 ref. THIS ORDER PASSED BY: CH. MUSHTAQ AHMAD, JUSTICE:--------- Petitioner Muhammad Amanat Khan sought post arrest bail in case FIR No.232/2011 dated 04.05.2011, for the offence under Sections 302/392/34, P.P.C., 13/20/65 A.O., registered at Police Station Hazro, District Attock as his bail petition filed before the trial court was dismissed vide order dated 27.10.2014. 2. The crime was reported by Muhammad Razaq complainant who alleged that on 04.05.2011 at 07.45 p.m., he along with his sons namely Riasat and Arif was present at his house in village Mararia. Three unknown persons entered into the house and took Bushra Bibi, his daughter in law and Maroof Jan, his mother on gun point and looted cash, gold ornaments and clothes. Two accused were of heavy weight whereas one was slim. In the meanwhile, his son Riasat came, seeing him, accused started running. Riasat caught one of the accused. In the meanwhile, the accused fired at him and the shot hit on his chest. Riasat fell down and died. Accused escaped leaving the pistol at the…

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