Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/148/149---Qatl-e-amd---Bail, grant of---Further inquiry---Accused had been attributed only the role of ineffective firing---Other two accused had been shown to have played effective role---Firearm attributed to accused was mentioned in the site plan in vague terms, whereas kind of arms allegedly used by co-accused had been specifically mentioned---No empty had been recovered from the place of occurrence---Only one firearm injury was found on the body of deceased which was from .12 bore shotgun, which suggested that victim was done to death by one co-accused, which could only be ascertained at the stage of trial---Accused having made out case of further inquiry, he was allowed to be released on bail, in circumstances. JUDGMENT KHALID MEHMOOD, J.---Petitioner, namely, Arshad son of Muhammad Ashiq, having failed to secure his release on bail in the lower Courts, has approached this Court for seeking the same relief. 2. Short facts of the instant case are that the accused/petitioner was charged in case F.I.R. No.59 dated 23-6-2011 registered under sections 302/148/149, P.P.C. Police Station, Band Kurai, D.I.Khan. In the F.I.R. the accused/ petitioner was charged by the complainant for murder of his son namely Asmatullah. 3. Complainant and Mehtab Bibi in person present. 4. Learned counsel for the accused/ petitioner contended that the complainant is not eye-witness in the present case and the no effective role has been attributed to the present accused/petitioner and the deceased who have received a single shot that too of .12 bore shotgun cannot be attributed to the accused/petitioner. He argued that in the site plan no kind of weapon has been attributed to the accused/petitioner whereas other co-accused have been shown with specific role and specific kind of weapons. He further argued that no incriminating articles have been…

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