Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 109, 34---Qatl-i-amd, abetment, common intention---Bail, refusal of---Second bail petition on the plea of alibi---Admittedly, accused had filed the present bail petition on the fresh ground that he was not present at the place of occurrence, at the relevant time---Said ground had been agitated during arguments on the previous bail petition as this ground was available to accused at that time---Grounds which were raised in previous bail petition or which were available but were not raised would be deemed to have been raised and rejected---No fresh ground, in circumstances, was available for grant of bail to the accused---Bail was refused, in circumstances. THIS ORDER PASSED BY: ALI BAIG, JUSTICE:---. namely Muhammad Hanif has filed the instant bail petition under section 497, Cr.P.C. for grant of post-arrest bail in case FIR No.02/2019 dated 07-01- 2019 registered under sections 302/109/34, P.P.C. at Police Station City Gilgit. 2. Briefly allegations against the petitioner/accused are that the petitioner/accused and his co-accused have committed murder of one Shah Alam at suspension bridge situated at Konodas Gilgit by opening fire on him with Pistol with intention to kill him. After committing of murder of the deceased, the present petitioner/accused as well as his co-accused namely Fazal Haq decamped/fled away towards Pull Road Gilgit. The complainant and his companions rushed towards the deceased who was fallen down on the suspension bridge and found that the deceased was succumbed to his injuries. Motive behind the occurrence was stated to be old enmity between the parties. 3. It is pertinent to mention here that earlier the petitioner/accused had filed bail petition in this court, which was dismissed, by this court vide bail order dated 27-9-2019 and the petitioner has filed the instant bail petition on some fresh grounds. 4. The learned counsel appearing on behalf of the petitioner/ accused contended that at time of the occurrence the petitioner/accused was not present at the place of occurrence rather the petitioner was present in a hotel in front of Chief Court Gilgit…

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