Law: Constitution of Pakistan, 1973

Section: 7,25,77,142,268,279

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,324,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd and common intention---Bail, grant of---Contradictory statements--- Un-natural conduct---Scope---Accused along with others was alleged to have murdered the sister of complainant and attempted at the life of complainant---Deceased had received a solitary injury but it had led to a charge against three real brothers---Complainant had introduced a new eye-witness of the incident during spot inspection by the Investigating Officer---Prosecution had yet to explain as to whether in case of .30 bore pistol, blackening was possible, that too, from a distance of 3 to 4 paces---Accused had succeeded in making out a case for bail---Petition for grant of bail was allowed, in circumstances. Awal Khan and 7 others v. The State through AG-KPK and another 2017 SCMR 538 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Tentative assessment---Scope---Court seized of a bail matter is to make tentative assessment and deeper appreciation is not warranted but bail applications cannot be heard and decided in a vacuum and the courts of law should apply their judicial mind to the collected evidence, though tentatively, to avoid miscarriage of justice and if the doubt is apparent from the record, its concession should be extended to the accused even at bail stage. Muhammad Faisal v. The State and another 2020 SCMR 971 rel. JUDGMENT: SAHIBZADA ASADULLAH, JUSTICE:---.--- Charged in case FIR No.40 dated 28.02.2021, registered under Sections 302/ 324/34 of Pakistan Penal Code, at Police Station Mullazai, District Tank, the accused/petitioner after his arrest applied for bail before the Court of learned Additional Sessions Judge-I, Tank, which was declined vide order dated 22.4.2021, feeling aggrieved therefrom, the petitioner approached this Court through the instant bail petition. 2. The prosecution story as divulged from the FIR, registered on the basis of murasila, is that on 28.02.2021 at 18:10 hours, complainant Mir Hassan Shah, while present with the dead body of his sister Mst. Nargis Bibi, reported the matter to local…

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