Law: Criminal Procedure Code (V of 1898)

Section: 161,497,497(1)

Law: Pakistan Penal Code, 1860

Section: 34,109,302,324

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/324/109/34---Bail---Assessment of evidence---Principles---For deciding bail application, deeper appreciation of evidence is to be avoided and only tentative assessment of the same is to be made looking into the contents of the F.I.R., statements of witnesses recorded under S.161, Cr.P.C. and the incriminating articles recovered during investigation, to form opinion about the prima facie nature of the offence. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/324/109/34---Qatl-e-amd, attempt to commit qatl-e-amd, abetment---Bail, refusal of---Injured eye-witness who was present at the scene of occurrence had fully implicated the accused, clearly assigning him the role of instigating the co-accused to kill the deceased and cause injuries to him---Offence fell within the prohibitory clause of S.497(1), Cr.P.C.---Sufficient evidence was present on record to, prima facie, link the accused with the commission of crime and disentitle him for concession of bail---Bail was declined to accused, in circumstances. THIS ORDER PASSED BY: SYED HASAN AZHAR RIZVI, J.--- Applicant/accused has approached to this court after rejection of his Bail Application by the Ist Additional Sessions Judge, Malir, Karachi in Bail Application No.810 of 2011 on 14-10-2011. The brief facts as narrated in the F.I.R. are that on 9-9-2011 the complainant lodged the F.I.R. bearing No.590 of 2011 alleging that the complainant's brother Saeed Ahmed informed him that he and his cousin Naveed had given Rs.14,00,000 to Zubair the owner of Al-Madina Travel Agency Safoora Chowk for going to Saudia Arabia. Complainant's brother and cousin informed the complainant that they were going for taking meal with Zubair, who invited them at his Travel Agency. At about 0010 hours the complainant's brother informed on mobile phone that when they reached at Travel Agency Zubair, his companion Bilal and one unknown person directed them to sit in their car and took them to a hotel at Super Highway on the pretext of taking meal. When they reached at Abdullah Shah Ghazi Toth double road, they…

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