Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 337-H(2), 148 & 149---Qatl-i-amd, hurt, rioting armed with deadly weapon, unlawful assembly---Bail, refusal of---Accused had taken plea that he had been substituted for some other person---Accused had not taken such plea before investigating agency nor in his first bail application before Trial Court and then High Court---Complainant had pointed out the accused as real culprit---Accused was named in FIR with specific role of firing at deceased along with co-accused---Version of complainant was fully supported by prosecution witnesses in their statements under S. 161 Cr.P.C.---Delay in FIR was properly explained by complainant that after post-mortem and funeral ceremony of deceased, she lodged the FIR---Medical evidence and recovery of pistol also corroborated version of FIR---Offence fell under prohibitory clause of S. 497, Cr.P.C.---Bail was declined in circumstances. THIS ORDER PASSED BY: MUHAMMAD IQBAL MAHAR, JUSTICE:---.--- Through instant bail application, the applicant/accused has challenged the order dated 13.1.2016 passed by learned IInd Additional Sessions Judge Kandhkot whereby his bail application has been dismissed in Crime No. 142 of 2015 of PS C-Section Kandhkot for offence punishable under sections 302, 337-H(2), 148 & 149, P.P.C. The facts of the case in nutshell are that on 23.5.2015 complainant Mst. Jathi Khatoon along with her son Wali Mohammad, nephew Qadir Bux and husband Lashari alias Mohammad proceeded towards Kandhkot with some work and when at about 8.15 a.m. reached near Grid Station Kandhkot; fifteen accused persons duly armed alighted from a Datsun. Out of them complainant party identified 12 accused including the present applicant/accused having pistol in his hand. On their arrival the accused persons challenged Lashari alias Mohammad that he would be killed due to previous murderous enmity, saying so accused Jehangir, Sakhwan, Qabil, Birjoo (applicant), Nipoo alias Naboo and Haji Khan allegedly fired from their pistols upon Lashari alias Mohammad, which hit him and he fell down by raising cries. Thereafter all the accused persons made…

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