Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,109,147,148,149

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 109, 147, 148 149---Qatl-i-amd, abetment, rioting, unlawful assembly---Bail, refusal of---Accused persons were duly nominated in the FIR---Alleged crime weapons were recovered on the pointation of co-accused---Disclosure before the police was not admissible in evidence but where the same followed the discovery of new facts same was admissible under Art. 40 of the Qanun-e-Shahadat, 1984---Court was required to take decision on the basis of material available on the record---Deeper appreciation of evidence was not permissible at bail stage---Tentative assessment of the evidence, prima-facie, connected the co-accused in the commission of alleged offence---Allegation against the accused was general in nature---Mere nomination in the FIR did not make a ground for refusal of the bail---No specific role had been attributed to him---Mere disclosure of co-accused was not a ground for refusal of bail--- No recovery of crime weapon of co-accused was effected from accused--- Bail application to the extent to the accused was allowed, however to the extent co-accused persons the same was dismissed, in circumstances. ORDER ABDUL HAMEED BALOCH, JUSTICE:---.--- Through this order I intend to dispose of above bail application filed by the applicants for their release on bail in case pursuant to FIR No. 15 of 2019, registered under Sections 302, 109, 147, 148, 149 Pakistan Penal Code (P.P.C.) with Police Station Adil Pur District Sohbat Pur. 2. Precise facts of the case are that on 29th May, 2019 case FIR No. 15 of 2019, under above mentioned section was registered with above Police Station on the report of Nabi Bakhsh alleging therein that the applicant/accused along with co-accused in furtherance of their common intention and on the abetment of Ghulam Nabi made firing on them, due to which his paternal cousin Gohram son of Talib Hussain received fire shot and fell down on the ground and succumbed to the injuries at the spot and they luckily escaped injuries by taking shelter behind the mound. The motive was alleged to be land disputed. 3. After registration of FIR, formal investigation was…

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