Law:

Section:

Criminal Procedure Code (V of 1898) --- ----S. 498---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, confirmation of---Further inquiry---Case of two versions---Accused was not alleged for firing at the deceased---First Information Report was lodged with delay of five days---Another version of same incident had come on record through FIR lodged four days prior to the present FIR---Accused sustained ten injuries on his person---First Information Report of present case after investigation was recommended to be disposed of under "C" class---Motive alleged by complainant did not appear to be sound---Sufficient grounds existed to believe that involvement of accused required further inquiry---Interim pre-arrest bail already granted to accused was confirmed accordingly. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---.--- Applicant Juma Khan Brohi was admitted to interim pre-arrest bail on 14.11.2017 without going into the merits of the case, which is fixed today for confirmation or otherwise. 2. According to the case of prosecution, on 03.8.2016 one Mohammad Moosa Lashari lodged FIR at Police Station Saddar Jacobabad, stating therein that his brother Saleem Lashari was working as Munshi as well as Chowkidar at Dr. Ghulam Sarwar Lashari Ice Factory, situated at Juria Chowk, where accused Azizullah Dayo and Juman Khan Brohi (present applicant) were also working as mason, who had threatened his brother Saleem to leave his job of Chowkidar and Munshi. It was alleged in the FIR that on 29.7.2016, complainant, his cousin Nazakat Hussain, maternal uncle Haji Noor Mohammad and brother Saleem Lashari were present at the above ice factory, when at about 2.30 a.m. (midnight) they saw in the light of electricity bulbs accused persons, namely, Azizullah, Juma Khan and two unknown persons, all armed with T.T. Pistols, emerged there, pointed the pistols towards complainant's brother Saleem Lashari and accused Azizullah Dayo fired his T.T. Pistol at Saleem Lashari, which hit him on his head and he fell down; then one of the unknown culprit also fired his T.T. Pistol, which hit accused Juma Khan, who also fell down. After that, all the accused…

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