Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302/34---Qatl-e-amd, common intention--Bail, refusal of---Accused, co-accused and deceased were travelling in the same car, when some unknown persons fired upon the deceased and killed him---Complainant alleged that accused and co-accused had killed the deceased---Accused was specifically named in the F.I.R.---Co-accused had confessed his guilt and stated that he had committed murder of deceased at the instigation of accused---Medical version supported the prosecution case---Car used in commission of offence had been produced by accused before the police---Sufficient evidence was available to connect accused with the commission of the offence---Bail application of accused was dismissed accordingly. Muhammad Ali and another v. The State 1981 PCr.LJ 1210; Khan Muhammad v. The State 1983 PCr.LJ 2190; Ijaz Ahmed and another v. The State 1997 SCMR 1279; Rafique alias Rafique Ahmed v. The State PLD 2002 Kar. 317; Ali Muhammad v. The State 2005 YLR 3357; Muhammad Riaz v. State 1996 PCr.LJ 150; Anwar Zeb v. Muhammad Riaz and another 2009 PCr.LJ 1985 and Zareen Shah v. The State and others 2005 PCr.LJ 739 distinguished. ORDER AFTAB AHMED GORAR, J.---The applicant has been sent up to stand trial under section 302/34, P.P.C. Succinctly facts given in F.I.R are that applicant Nadim Asif is friend of complainant Syed Mehmoodul Hassan and deceased Zain-ul-Hassan was son of complainant. From 3/4 months prior to death Zain-ul-Hassan was working with Nadeem Asif and he was paid. On the date of incident i.e. 10-5-2012 Nadeem Asif phoned Zain-ul-Hassan, and Zain-ul-Hassan took away his father's Car No.AB-8521, wherefrom they went at the Factory of complainant situated at Liaquatabad Dakkhana. After completing their work they boarded on the same Car along with one Shera who was the driver of complainant. Car was driven by deceased Zain-ul-Hassan, applicant sat on front seat while driver Shera sat on back seat. On the way some unknown persons made firing to which Zain-ul-Hassan was injured and later on died. While Nadeem Asif (applicant) and driver were secure. Thereafter dead body was brought at…

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