Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 497 161---Penal Code (XLV of 1860), Ss. 302 34---Qatl-i-amd and common intention---Bail, grant of---Delay in recording statements---Contradiction in ocular and medical evidence---Old age of accused---Further inquiry---Accused along with others, allegedly killed the complainants father due to a previous blood feud---Complainant did not witness the occurrence---Statements of witnesses were recorded on the second day after the occurrence---Prosecution claimed recovery of eight 7.62 bore empties at the crime scene, but this was contradicted by the post-mortem examination of the deceased---Medical officers report revealed wounds on the left eyebrow and occipital region, as well as a wound with irregular margins beneath the skull bone, but no firearm injury was found on the skull or clothing---Investigating officer obtained a second opinion from the doctor regarding the weapon used, but the specific object used was not clear---It could not be definitively concluded that the deceased died from a firearm injury, thus the case of accused required further inquiry---Trial was ready to commence and the accuseds further custody would not serve any purpose to the prosecution---Accused was 72 years old, making him eligible for bail---Bail application was granted, in circumstances. Syed Abdul Baqi Shah v. The State 1997 SCMR 32; Saeed Khan v. The State 2011 SCMR 1392; Ehsan Akbar v. The State and 2 others 2007 SCMR 482; Muhammad Ijaz v. The State and others 2022 SCMR 1271; Resham Khan and another v. The State and another 2021 SCMR 2011 and Ali Raza v. The State and others 2022 SCMR 1245 rel. ORDER MUHAMMAD IJAZ KHAN, J.---This order is directed to dispose of application filed by petitioner namely Sher Bahadar for grant of post arrest bail in case FIR No. 12 dated 24.03.2021 registered under sections 302, 34, P.P.C. at Police Station Salarzai District Bajaur. 2. As per contents of the FIR, the complainant namely Manzoor has reported the matter to local police at DHQ hospital Khar whereby he has charged the present accused/petitioner namely Sher Bahadar along with other co-accused for committing the murder of his father namely Qayum…

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