Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302/382/457/148/149---Qatl-e-amd, theft after preparation made for causing death, hurt or restraint, in order to the committing of the theft, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, rioting armed with deadly weapons, unlawful assembly---Bail, refusal of---Case of complainant had remained consistent and the moment he became conscious that police had not shown names of all the accused persons in the F.I.R., he preferred a constitutional petition by which High Court directed police to record statement of complainant and to register the F.I.R. from the proposed F.I.R. duly signed by the complainant---Contents of F.I.R. and further statement of complainant made it clear that accused persons had been associated with the offence directly and they shot the deceased---F.I.R. also clearly mentioned that accused persons trespassed into the complainant's house and tried to run away with his buffaloes--Complainant had correctly identified the accused persons in the identification parade---Accused persons had failed to make out a case for further inquiry, therefore, bail applications filed by them were dismissed. (b) Criminal Procedure Code (V of 1898)- ----S. 497--- Penal Code (XLV of 1860), Ss. 302/382/457/148/149---Constitution of Pakistan, Art. 13---Qatl-e-amd, theft after preparation made for causing death, hurt or restraint, in order to the committing of the theft, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, rioting armed with deadly weapons, unlawful assembly---Protection against double punishment---Registration of second F.I.R.---Applicability of rule of double jeopardy---Scope---Contention of accused was that second F.I.R. was hit by Art.13 of the Constitution---Validity---Article 13 of the Constitution would become applicable if the accused was "convicted" and "punished", and such stage had not,turned up as yet in the present case. ORDER SALMAN HAMID, J.---This common order shall decide the fate of Criminal Bail Application No.136 of 2011,Re: Ali Khan…

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