Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, refusal of---Accused persons were directly nominated with their respective roles in their respective FIRs by the complainants---Investigation in the case was almost complete and trial was about to commence in the near future---Accused persons remained absconded after the occurrence for a considerable period and after acquittal of co-accused, they had surrendered---Prima facie, it appeared that accused were waiting for the acquittal of co-accused---Accused who absconded after the occurrence for noticeable period would not be invariably entitled to bail only because of co-accused having been acquitted---Alleged offence fell under prohibitory clause of S. 497(1), Cr.P.C.---Medico-legal Report, recovery of empties and longstanding abscondance, prima facie, connected accused with the commission of offence---Bail was refused accordingly. 2016 SCMR 762; 2017 PCr.LJ 10; 2016 YLR 244; 2016 PCr.LJ 1523; 1985 SCMR 382; 2016 MLD 818 and 2014 PCr.LJ 636 ref. Sardar v. State PLD 1979 Pesh. 16; Ibrahim v. Hayat Gul and others 1985 SCMR 382 and Atlas Khan v. Mazamullah Khan and another 1989 PCr.LJ 2044 rel. Chairman NAB through PGA NAB, Islamabad v. Muhammad Khalid 2016 SCMR 676 distinguished. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Abscondance---Scope---Accused who absconded after the occurrence for noticeable period would not be invariably entitled to bail only because co-accused had been acquitted. Atlas Khan v. Mazamullah Khan and another 1989 PCr.LJ 2044 rel. THIS JUDGMENT DELIVERED BY: ISHTIAQ IBRAHIM, JUSTICE:---.--- Through this common judgment/ order, I would like to dispose of this B.A. No.101-B/2017, B.A. No.105-B/2017 and B.A. No. 122-B/2017, arising out of three different FIRs, as in all the three cases bail is sought mainly on the ground of acquittal of co-accused. Cr. Misc./B.A No. 101-B/2017. The petitioner Habibullah seeks his release on bail in case FIR No. 148 dated 13/05/1998 under sections 302/324/34, P.P.C., registered at Police Station Mandan. The allegation…

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