Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/147---Qatl-e-amd---Bail, refusal of---Direct role had been assigned to accused in the F.I.R. which had been fully supported by the statement of the prosecution witnesses in their statements under S.161, Cr.P.C.; and medical report also supported the case of the prosecution---Recovery of gun was also effected from the accused and empties were found at the place of ward at---Bail was denied to the accused---State Counsel had conceded the bail to one accused person who was granted bail---Other accused persons were behind the bars since their arrest on 11-2-2009, but trial had not proceeded---Trial Court was directed either to try the case itself or to transfer the same to some other Court for expeditious disposal of the case. ORDER MUHAMMAD TASNIM, J.---The applicants Ali Hassan and Ali Sher are booked in Crime No.1 of 2008 of Police Station Phuloo for the offence punishable under sections 302 and 147, P.P.C. The prosecution story as set out in the F.I.R. is that on 16-10-2008 at about 1400 hours complainant Shafi Muhammad Jodh lodged the report that complainant cultivates the land of Naeem Ahmed Kharal. About 3/4 years back the cousin of Wazir Muhammad Jodh namely Hussain Bux Jodh was declared as "KaroKari" with the wife of Akber Jodh as such Akber Jodh had murdered his wife and Hussain Bux Jodh and such faisla was conducted by the Nekmards, whereupon the cousin of Hussain Bux namely Wazir used to remain annoyed and say that you had helped Akber Jodh and others and used to say that we will never spare you. Today morning I and my brother Allandino, cousin Sawan son of Wali Muhammad, maternal nephew Manthar son of Dhani Bux, altogether went for grazing our cattle in the forest and were grazing our cattle near Khali Waro Dubbo, when at about 1-00 p.m. we saw and identified accused each of (1) Wazir Muhammad having Kalashnikov (2) Ali Hassan son of Eidal having gun (3) Shah Nawaz son of Eadil having Kalashnikov (4) Ali Sher son of Rajib having Kalashnikov (5) Abdul Majeed son of Mehar having pistol, all by caste Jodh, r/o Kharalabad and one unidentified accused person having gun whom…

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