Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Cafe (XLV of 1888)

Section: 302/324/34

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/324/34---Qatl-e-amd and attempt to commit qatl-e-amd---Bail, grant of---Further inquiry---Absconsion of accused was a matter to be seen at the trial stage, because no other circumstances were available against the accused---Two main co-accused had been acquitted on the same evidence which was to be produced by the prosecution in the trial of the accused---Case of the accused required further inquiry into his guilt, he was allowed to be released on bail, in circumstances. JUDGMENT ATTAULLAH KHAN, JUSTICE:---.--- Having failed to secure his release on bail in the lower Courts, petitioner has approached this Court, for seeking the same relief. 2. Facts as narrated in tile F.I.R. are that on 25-9-2004, complainant Ali Baz Khan reported the matter to the police on the spot that on the same day he, his brother Hazrat Ali and nephew Israrullah were present in their baitak and were watching T.V. At about 2200 hours, accused Mustafaullah, Inayatullah and Rafiullah came there and they arranged tea program for them. After taking tea, complainant with his nephew Israrullah went to the other room of baitak while his brother Hazrat Ali and accused were busy in gossiping. He reported that accused closed the small window between the two rooms of the baitak and started playing type-recorder in high volume. At about 0200 hours, hue and cry awoke the complainant and Israrullah. They saw, through window, accused Mustafaullah with tape recorded in his hand and accused Inayatullah with TV of Hazrat Ali while running. They tried to get them out but the door of the room was chained from outside. At morning time his brother opened the door and they found Hazrat Ali dead in burnt condition by throwing acid at him. Complainant charged the accused for the offence and disclosed motive behind the occurrence as money dispute with accused party. On his report case F.I.R. No.248 dated 25-9-2004 under section 302/324/34, P.P.C. was registered at Police Station, Ghuriwala District Bannu. 3. Learned counsel for the petitioner argued that two main accused namely Mustafaullah and Inayatullah have been acquitted…

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