Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.324, 34 & 114---Attempt to commit qatl-i-amd, common intention, abettor present when offence was committed---Bail, confirmation of---Three co-accused, had been discharged by the Police under S.169, Cr.P.C., due to deficient evidence---Role of accused, was similar to one attributed to accused persons released by the Police---Accused was attributed the role of only abetment in the FIR---Rule of consistency though did not attract in the case as the finding of the Police was not binding on the court, but propensity demanded that person, placed/attributed similar role, to be treated alike---Complainant failed to make out a case for recalling the well reasoned of the Trial Court, which was accordingly upheld and cancellation of bail was declined. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.---- The petitioner was booked in the FIR No.66/16 registered at Police Station Gilgit under sections 324/ 34/114, P.P.C. 2. The brief facts of the occurrence as given in the FIR and Para-2 of the judgment of the trial Court are as under:- 3. The short facts of the case in the background leading to the filing of this petition as contained in the FIR are that "on 02-07-2016 at 11 a.m. the complainant and three others namely Rais Ahmed, Rahimullah and Sanaullah had reached near the gate of Bar Room Konodass, Gilgit after attending Civil Court Gilgit. In the meanwhile petitioner namely Maqbool son of Alam Jan opened indiscriminate fires on the complainant and his companions. Co-accused namely Javed son of Abdul Qadir, Mehboob Alam, Manzoor Alam sons of Alam Jan and Alam Jan son of Ghulam Jan were also present along with principal accused at the place of the occurrence and they were abetting the principal accused namely Maqbool Jan and besides the complainant three other persons namely Rais Ahmad, Rahimullah and Sanaullah received bullet injuries. The occurrence was witnessed by P.Ws namely Shakoor Ahmed and Tahir Mehmood." 4. The petitioner and one of co-accused namely Maqbool applied for post arrest bail in the trial Court. The learned trial Court allowed bail to the petitioner, while the concession…

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