Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302(b),148,149

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.302(b), 148, 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Bail, refusal of---Accused was charged that he, in association with co-accused being armed with iron rod, as a member of unlawful assembly committed murder of the nephew of complainant---Record showed that the present accused had been attributed specific role and overt act of causing blows of iron rod to the deceased---Admitted fact that after arrest of the accused, said iron rod, used in the commission of alleged offence, was also recovered from the possession of the accused, which was also stained with blood---Version of the complainant recorded in the FIR was fully supported by the witnesses in their statements recorded under S.161, Cr.P.C. so also corroborated by post-mortem report---Prima-facie, there was sufficient material against the accused to connect him with the commission of offence, in which an innocent soul, aged about 34/35 years, had lost his life---Accused had played his specific role in committing the murder of the deceased by causing him blows of iron rod and the case fell under the prohibitory clause of S.497(1), Cr.P.C.---Bail application was dismissed, in circumstances. Mukaram v. The State 2020 SCMR 956 and Rasool Bux v. The State 2017 YLR Note 131 ref. Muhammad Zahid v. The State 2012 YLR 2790 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss.497, 498---Bail---Principle---Deeper appreciation of evidence is not required at bail stage. (c) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Observations recorded in bail order, being purely tentative in nature, would in no way prejudice the proceedings before the trial court where the case is to be decided strictly on its own merits after recording evidence. Shabbir Ali Boizdar for Applicant. Ghulam Mujtaba Jakhar for the Complainant. Shafi Muhammad Mahar, Deputy P.G. for the State. Date of hearing: 22nd March, 2021. ORDER AFTAB AHMED GORAR J.---On dismissal of his Bail Application by learned Additional Sessions Judge, Mirwah-Khairpur vide order dated 04.01.2021, Applicant/Accused Barkat Kubar has approached this…

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