Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 34 & 188---Anti-Terrorism Act (XXVII of 1997), Ss.6 & 7---Arms Ordinance (XX of 1965), S.13---Qatl-i-amd, common intention, disobedience to order duly promulgated by public servant, act of terrorism, possessing unlicensed arms---Bail, grant of---Further inquiry---Accused was not directly charged in the FIR for opening fatal shots on the deceased---Indiscriminate firing was opened by accused party, one of the bullets hit the deceased---Identity of main culprit, whose fire shot hit the deceased, remained doubtful and debatable; as all the accused persons were attributed general firing and no specific allegations of firing were attributed to the accused---Accused, though remained absconder for a considerable long time, but abscondance alone, without any overt act, would not by itself be sufficient to sustain conviction on a capital charge---All the four co-accused arrested in the present case with similar allegations, had already been released on bail---Case of accused, was also one of further inquiry under S.497(2), Cr.P.C.---Accused, was admitted to bail, in circumstances. PLD 1964 SC 26; 1991 SCMR 322; 1992 PCr.LJ 412 and PLD 1985 SC 402 ref. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The petitioner was booked for the above offences vide FIR No. 270/2009 of Police Station City Gilgit registered under sections 302/34/188, P.P.C. read with sections 6/7 of ATA-1997 and 13 A.O. vide FIR No. 06/2016 registered at Police Station Basin Gilgit. 2. The brief facts of the case are that complainant Mirza Hassan lodged FIR, stating therein that on the fateful day at about 1500 hrs, while grazing cow in his field, he heard hue and cries and saw that some boys were picking up quarrel with each other. After a while he heard noise of firing and simultaneously the random firing started. As a result of firing his son Kamran Hussain got injured and fell on the ground. He rushed towards his son but before his arrival PWs Safdar Hussain and Mehdi, have already reached there, who boarded his son in a vehicle but due to indiscriminative firing, the injured could not be removed…

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