Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 148,149,302

Criminal Procedure Code (XLV of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Bail, refusal of---Accused were nominated in FIR with specific allegations that they along with co-accused had allegedly committed murder of deceased---Statements of prosecution witnesses under S.161, Cr.P.C. supported said facts---Nothing was on record that prosecution witnesses had any ill will or grudge against accused---Punishment for alleged offence fell under the prohibitory clause of S.497, Cr.P.C.---Defence was responsible for causing delay in finalization of trial within a period of two years---Bail was refused accordingly. 1998 SCMR 1; 2004 PCr.LJ 1843; 2005 MLD 1267; 2016 YLR 2671; 2010 SCMR 966; 1995 SCMR 1765 and 2016 PCr.LJ Note 73 ref. Akhtar Abbas v. The State PLD 1982 SC 424; Muhammad Younis v. The State 1995 SCMR 1087; Javid-ur-Rehman and another v. The State 2010 SCMR 1744; The State v. Haji Kabeer Khan PLD 2005 SC 364; Muhammad Faiz alias Bhoora v. The State and another 2015 SCMR 655 and Farrukh Qadri v. State 2006 PCr.LJ 1256 rel. THIS ORDER PASSED BY: KHADIM HUSSAIN TUNIO, J.--- Through this common order, I propose to dispose of captioned applications for grant of bail as same are outcome of same FIR hearing No.142 of 2014. 2. Succulently, the facts of the prosecution case are that on 30.12.2014, at about 01:50 p.m., at the Otaq of applicant Ihsan Ahmed situated in Deh Metahar, complainant Baia Muhammad along with his brother Noorullah, Muhammad Alim and Haji Thahrio were available for taking lea can the invitation of applicant Ihsan, where applicants namely Ihsan Ahmed, Sultan and Farooque with co-accused Abdul Jabbar. Imdad and one unidentified person were sitting in the Otaq. After taking tea. accused persons went home and brought guns and K.Ks, aiming their weapons upon the deceased Noorullah and declared him as Karo. Applicant Ihsan fired from his KK upon deceased Noorullah, in the meantime, applicant Sultan and Farooque with co-accused Abdul Jabbar also tired with K.Ks, directly upon the deceased Noorullah. with the intention to commit his Qatal, the bullets…

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