Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,324,147,148,149

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 324, 147, 148 & 149---Qatl-e-amd and attempt to commit qatl-e-amd---Bail, refusal of---Accused had been nominated in the F.I.R. with specific role of having fired with T.T. pistol at deceased---Contention of counsel for accused was that as the complainant and prosecution witness had extended their no-objection, accused was entitled to be released on bail---Validity---Complainant and the eye-witness had extended only their no-objection, if accused was admitted to bail and had not exonerated accused from the alleged crime---Even otherwise, the complainant and said eye-witness were not the legal heirs of the deceased---Bail application of accused, was dismissed, in circumstances. ORDER AQEEL AHMED ABBASI, JUSTICE:---.--- Being aggrieved and dissatisfied by order passed by learned V-Additional Sessions Judge, Shikarpur in Criminal Bail Application No.98 of 2010, Crime No.86 of 2008, under sections 302, 324, 147, 148, 149, P.P.C., registered at Police Station Lakhi Gate, Shikarpur, whereby the present applicant/accused has been declined the bail vide order dated 12-1’1-2010, the applicant/accused has approached this Court seeking bail. 2. Along with his bail application, the applicant/accused has filed affidavits of no-objection of one Mazzhar Ali son of Hussain Bux, the complainant, and Barkat Ali son of Kamal, the prosecution witness, in the instant case. 3. It is, inter alia, contended by learned Counsel for the applicant that since the applicant/accused has been nominated in the F.I.R. with specific role, he would press the instant bail application in view of affidavits of no-objection filed by the complainant .and prosecution witness According to the learned Counsel, since the main prosecution witnesses i.e., the complainant and another eye-witness have extended their no objection, the applicant/accused is entitled to be released on bail. In support of his contentions, learned Counsel has relied upon the case of Muhammad Nawaz alias Najja N. The State, reported as 1991 SCMR 111 and case of Muhammad Najeeb v. The State, reported as 2009 SCMR 448. 4. Conversely, the learned…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492