Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, refusal of---Complainant (deceased) had alleged that accused persons fired at him early in the morning when he was present at his land resultantly he was injured---Motive was dispute over land---Accused persons were directly charged in FIR by deceased himself while injured---Postmortem report showed two entry wounds, ocular evidence and motive prima facie supported version of prosecution---Accused persons remained fugitive from law for sufficient long time i.e. for more than seven years which disentitled them for grant of bail---All the factors, on tentative assessment, connected accused with commission of offence entailing capital punishment---Bail was refused accordingly. Dildar Ali v. The State 1999 SCMR 1316; Yasin and 3 others v. The State and another PLD 2001 Pesh. 144; Sher Zaman alias Alamsher v. The State 1992 PCr.LJ 409; Zaigham Ashraf v. The State and others 2016 SCMR 18; Muhammad Aslam v. The State and others 2016 SCMR 1520; Ikhtiar and 2 others v. The State and another 2016 YLR 2443; Muhammad Sarwar alias Bao v. State and another PLJ 2016 Cr.C (Lahore) 483; Amrez and others v. The State and another 2016 PCr.LJ Note 49; Siraj v. The State and another 2016 PCr.LJ Note 36; Rehmanullah v. State and another PLJ 2016 Cr.C Peshawar 908 and Aziz Khan v. State and another 2016 SCMR 1792 ref. THIS JUDGMENT DELIVERED BY: MMUHAMMAD AYUB KHAN, JUSTICE:---.--- Through the instant petition, the petitioners Malik and Gul Bahram seek their release on bail in case FIR No. 516 dated 29.8.2010 registered under sections 302/34, P.P.C. at Police Station, Tank, District Tank as their such request was turned down by learned Sessions Judge, Tank vide order dated 14.02.2017. 2. The prosecution story, in brief, is that on 29.8.2010 at 0730 hours, the complainant Sher Muhammad (now deceased) lodged the report at Emergency room of Civil Hospital, Tank to the effect that at 'subh-vela', he was present in his land, when in the meanwhile, petitioners fired at him with their respective Kalashnikovs from the 'burj' of Gul Zaman. He got injured and…

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