Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 506(2), 148 & 149---Qatl-i-amd, criminal intimidation, rioting armed with deadly weapon, unlawful assembly---Bail, refusal of---Accused was charged to have actively participated in alleged crime by stabbing deceased with knife---Postmortem report supported the prosecution case---Witnesses had fully supported case of complainant who did not seem to have any ostensible reason to falsely implicate the accused---Plea taken by counsel for accused that accused was initially let off and his name was placed in column No. 2 of final report submitted under S. 173, Cr.P.C. was of no help because said report was not approved by the Magistrate---No benefit of plea of previous enmity could be granted to accused at bail stage---Ground taken by counsel for accused that co-accused had already been granted bail by Trial Court had no force in the circumstances---Prima facie, sufficient incriminating material was available on record connecting accused with commission of crime therefore, accused was not entitled to grant of bail on ground of further inquiry---Case of accused was hit by prohibition contained in S. 497(1), Cr.P.C.---Bail was refused accordingly. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 ref. THIS ORDER PASSED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- The Applicant namely Abdul Bari, son of Muhammad Khan Bangulani is seeking his release on bail in FIR bearing No. 217/ 2016 for offences under sections 302, 506/2, 148, 149, P.P.C. of Police Station A-Section Kandhkot District Kashmore at Kandhkot. 2. Facts of the prosecution case are that on 11.11.2016 complainant namely Muneer Ahmed Bangulani lodged above FIR alleging therein that on 10.11.2016 he along with his brother Mansoor Ahmed, uncle Muhammad Sharif and nephew Majid Ali, aged about 18 years were sitting in the house situated near Mitha Chowk, Kandhkot. That at about 01:00 p.m. five persons came. One person's face was covered while the faces of other four persons were uncovered. The accused with covered face pointed to other accused to kill Majid Ali. It is alleged that two accused persons took out pistols from…

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