Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,302,324

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, and common intention---Bail, refusal of---Entry wounds sustained from same direction---Scope---General role of firing was attributed to accused persons without mentioning of exact firearm weapons---Petitioner contended that High Court previously granted bail to an accused in some other case when deceased sustained firearm entry wounds from the same direction so it would be determined during trial as to whether the occurrence was the job of single person or otherwise---Medical report revealed that there were four entry wounds having single exit wound on the skull, causing fracture of skull bone and brain matter was laying outside along with the other entry wounds of different sizes which were on the right shoulder and left side of chest including abdomen---Medical officer would be examined by the Trial Court with regard to the different sizes of the entry wounds, therefore, the role of the present petitioner was dissimilar from the role given to said accused person who had been entitled for bail as emphasized by the present petitioner---First Information Report was promptly lodged keeping in view the distance between the place of occurrence and the police station---Petitioner had remained absconded for more than a year and his brothers/co-accused persons were also fugitive from law, therefore, the petitioner did not deserve the concession of bail---Bail was refused to the accused, in circumstances. Nazar Gul v. The State and another 2016 PCr.LJ 297 distinguished. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, JUSTICE:---.--- On enumeration of the facts leading to lodging of the First Information Report vide FIR No. 673 dated 20.10.2016 charged under sections 302, 324/34, P.P.C. registered at Police Station Tangi, Charsadda, the complainant Mujahid Gul accompanied by the corpus of Khalid reported that on the fateful day, he along with his brother Sajid Gul and his son deceased Khalid came out from their house in order to bring milk from their farm they reached at a place thoroughfare Mohallah Pir Baba Kanday situated…

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