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---Allegation against the accused-petitioner was that he along with co-accused committed murder of the uncle of complainant, a spiritual leader and his follower by firing---Record showed that petitioner's application for bail before arrest was dismissed by High Court with a few crucial observations on the merits of the case, which were still in field---Said observations of the High Court could not be over-looked even at the stage of dealing with post arrest bail application of the accused-petitioner by High Court---Circumstances of the case that existed before the arrest of accused-petitioner and those after his arrest, were closely stitched inter-se and they permeated one another inseparably---Investigation of the case was almost complete when accused-petitioner was apprehended by the police---Accused-petitioner had been recorded as guilty by the Investigating Officer---Facts of the case gradually unfurled and consistently incriminated the accused-petitioner in terms, that he masterminded the crime, provided arms and ammunition to the appointed murderers, plotted a plot and schemingly removed the deceased spiritual leader for winning the local bodies election---Record showed that accused-petitioner was involved in a number of cases of mixed nature, many of them being heinous in nature---Self-implicating statement of co-accused available on record, could be read and used as incriminating circumstances against him---Accused-petitioner had been found involved in the occurrence during the course of investigation and placed in column No. 3 of the challan---Offence, pitted against accused entailed capital punishment, thus it was not a fit case for grant of post-arrest bail, which was refused. Ghulam Ahmad Chishti's case 2013 SCMR 385 and Mamara's case PLD 2009 SC 385 rel. THIS ORDER PASSED BY: SHAHID HAMEED DAR, JUSTICE:---.--- The complainant, Syed Ghazanfar Ali Gillani has alleged in FIR No. 297/15, dated 31.8.2015, under section 302/34, P.P.C., registered at Police Station Ferozewala, district Gujranwala, that his…

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