Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302,109,148,149

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302/109/148/149---Qatl-e-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Bail, refusal of---Allegation against the accused was that he impersonated himself as an advocate for which an F.I.R. was registered against him on the pointation of deceased (advocate) who was eye-witness for the said F.I.R.---Contentions of the accused were that he was not present at the time and place of occurrence; that alleged threats extended by the accused to the deceased were vague in nature, and that date, time and place of the alleged conspiracy/ abetment had not been mentioned in the F.I.R.---Validity---F.I.R. showed that accused was pointed out as a fake advocate by the deceased and in the presence of witnesses, an F.I.R. of cheating and fraud was registered against the accused---Co-accused (real brothers of the accused), fulfilled the command of the accused by committing the murder of the deceased---Statements of prosecution witnesses were available on record to connect the accused with the conspiracy/ abetment to murder the deceased---Accused was involved in twenty-four (24) criminal cases registered at different police stations, which made him a hardened, desperate and dangerous criminal---No case for grant of bail was made out---Bail application of accused was dismissed, in circumstances. ORDER MAZHAR IQBAL SIDHU, J.---It is a case wherein a legal professional i.e Advocate Mian Shahbaz Ali of Sheikhupura has been assassinated in his hey days on account of his objecting to the petitioner personating him as a lawyer by becoming an eye-witness in a case lodged against him vide F.I.R. No.1336 dated 3-10-2011 under sections 420, 468, 471, P.P.C. at Police Station Islampura District Lahore on the written complaint of Muhammad Tariq Khan, Advocate at that time the petitioner intimidated the deceased that he would see him and on the following day owing to his conspiracy his co-accused Muhammad Imran, Muhammad Shehzad alias Sajjad and Irfan real brothers of the petitioner along with two unknown persons caused multiple fire arm injuries to Mian Shehbaz Ali when he was proceeding…

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