Law:

Section:

Criminal Procedure Code (V of 1898)---------- ----------S. 497----------Penal Code (XLV of 1860), Ss. 302 & 34---------Qatl-i-amd, common intention---------Bail, refusal of---------Accused had been directly charged in the FIR and attributed the role of qatl-i-amd of the deceased by effectively firing at her---------Accused had absconded after commission of the offence and remained fugitive from law for 16 years, for which no plausible explanation had been furnished---------Co-accused persons, sons of the present accused, having been released on bail, had subsequently absconded and had been at large till present day---------Accused claimed himself to be of 73/74 years of age, but the card of arrest under S. 62, Cr.P.C. showed him to be 66/67 years old---------Medical certificates of private hospital had shown the accused suffering from normal diseases of hypertension and cardiac problem without disclosing any infirmity entitling the accused to bail; though, the authenticity and credibility of said certificates was yet to be proved---------Postmortem report and spot inspection by the Investigation Officer involved deep appreciation of evidence, which was not desirable at bail stage---------Accused was, therefore, not entitled to bail keeping in view the long unexplained abscondance, direct charge in the FIR and effective role of committing qatl-i-amd of the deceased attributed to him and the evidence collected against him during the investigation---------Bail application was dismissed accordingly. 2015 SCMR 655; 2007 PCr.LJ 1332; 2000 PCr.LJ 60; 2014 PCr.LJ 1787; 1989 PCr.LJ 2044; 2014 PCr.LJ 1526; 2014 MLD 437; 2013 PCr.LJ 1284; 2007 YLR 937 and 2014 YLR 2367 rel. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:--------- This application has been moved by petitioner, Batoor, for his release on bail in case vide FIR No.98 registered against him in P.S. Chanjal, Battagram, under Sections 302/34, P.P.C. on the report of Gul Pareez, complainant/ respondent No.2, on 09.08.2000, wherein, the accused/petitioner along with co-accused and three sons of the accused/petitioner namely Umar Hayat, Naseeb and Aminullah were charged for firing at mother of the…

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