Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324, 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, abetment and common intention---Bail, grant of---Further inquiry---Accused remained absconded for five years---Accused contended that there was difference in number of injuries on the person of deceased as claimed by the complainant in FIR and that of injuries observed by the medical expert at the time of post-mortem examination of the deceased---Complainant had claimed that four accused persons had made firing with respective firearm weapons whereas the deceased and the injured had received total three fire shots---Fact that which of the accused persons had not made firing could not be specified at bail stage---Bail could not be withheld on account of mere absconsion of the accused if his case otherwise called for further inquiry into his guilt as envisaged under S.497(2), Cr.P.C---Accused was admitted to bail, in circumstances. Muhammad Shahid and another v. The State PLD 2007 Lah. 633 and Qamar alias Mitho v. The State and others PLD 2012 SC 222 ref. THIS ORDER PASSED BY: ASJAD JAVAID GHURAL, J.--- Through instant petition under Section 497, Cr.P.C., petitioner Habib Ullah has sought post arrest bail in case FIR No.231 dated 16.07.2011, in respect of offences under Sections 302, 324, 109 and 34, P.P.C., registered at Police Station, Civil Line, Dera Ghazi Khan. 2. Allegedly, on 16.07.2011 at about 5:00 p.m., the petitioner while armed with semi-automatic rifle along with his co-accused armed with firearms, in furtherance of their common intention, fired upon the complainant party, when they were going on their motorcycles from Ronghan to their house, which hit Zeru Khan and Abdul Ghaffar on their back. Zeru Khan succumbed to the injuries at the spot whereas injured Abdul Ghaffar was in critical condition. Hence, this case was registered. 3. I have heard learned counsel for the petitioner, learned Deputy Prosecutor General appearing for the State assisted by learned counsel for the complainant and perused the record. 4. Bare perusal of the crime report shows that the petitioner along with his co-accused had…

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