Case Details

Citation(s)
2019 SLG 1658 2019 SLD 1658 2019 MLD 1250
Balochistan High Court
Criminal Bail Application No. (s) 70 of 2019, decision Dated: 24-04-2019. Hearing Dated: 22-04-2019.
ABDULLAH BALOCH, JUSTICE
Petitioner(s) by: Ahsan Rafiq Rana
Respondent(s) by: Abdul Karim Malghani

SHER MUHAMMAD ALIAS SHERO

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,109,302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 109 & 34---Qatl-i-amd, abetment and common intention---Bail, grant of---Further inquiry---Scope---Although applicant was nominated in the FIR, but only his presence was shown at the relevant time and place and no role was ascribed to him by the complainant---Role of firing upon the deceased was ascribed to main accused and the role of directing the main accused was attributed to an unknown accused person---Applicant's role was that he took deceased towards the main accused, where he was murdered---Whether the murder was pre-planned and in order to practically accomplish such plan the deceased was taken to the place of occurrence or that the incident occurred at the spur of the moment without planning, was yet to be ascertained---Case of accused was that of further inquiry---Bail was granted, in circumstances. THIS ORDER PASSED BY: ABDULLAH BALOCH, J.--- This order disposes of Crl. Bail Application No.(S)70 of 2019 filed by the applicant (accused) Muhammad @ Shero son of Imam Bakhsh, who is seeking bail after arrest in case FIR No.05 of 2018, Police Station 298 RD District Sohbat Pur, under Sections 302, 109, 34, P.P.C. 2. Facts of the case are that on 23th June, 2018, the complainant Gul Muhammad son of Khamiso lodged the above FIR with the averments that he along with his family members and other relatives is residing at Goth Wandah Daulat Pur and by profession he is an agriculturist. On the day of occurrence, he along with his brother Muhammad Janib alias Jan Muhammad and maternal uncle Jan Gohram went to Manjhi Pur for a domestic work, where they met with Eid Muhammad and Sher Muhammad, who asked them for mutation of a land, which was refuted by them. Thereafter, the said two persons on the motorcycle of his brother took his brother towards their house at about 2.00 p.m., but when his brother did not return, the complainant along with his relatives proceeded towards Goth Gada Ali, when at about 06.30 p.m. reached at Otaq of Eid Muhammad found his brother Jan Muhammad and Eid Muhammad exchanging harsh words and two unknown accused persons were also present over there.…
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