Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302/34

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/324---Qatl-e-amd and attempt to Qatl-e-amd---Bail, grant of---Case of further inquiry---Lalkara---Accused was father of absconding accused and he had been attributed only proverbial lalkara without any lethal weapon in his possession at the time of occurrence---Effect---Five other persons were charged for causing three bullet entry wounds to deceased---Accused had been shown present in his fields in the site plan at a distance of about 65 paces from other accused---Was difficult to determine whether accused had any intention to participate in committing offence or not---Case of accused required further inquiry into his guilt---Bail, was granted in circumstances. Rafique Khan v. The State 1995 SCMR 343 and Amanat Ali v. The State 1993 SCMR 1992 ref. Wajid Ali v. Mumtaz Ali Khan 2000 MW 1172 and Nasir Ahmad v. The State PLD 1997 SC 34, distinguished. JUDGMENT: SHER MUHAMMAD KHAN, JUSTICE:---.--- Having failed to secure his release on bail in the lower Courts, petitioner has approached this Court for seeking the same relief. 2. Facts as narrated in the F.I.R. are that on 16-10-2010 respondent No.2/complainant Matiullah at 1300 hours, brought the corpse of his brother Samiullah to Police Station, Kulachi and lodged the report that he along with his brother, deceased Samiullah were present in their fields, busy in tiding bundles-of the maize crop, cut by them, at 10-00 a. m, in the meanwhile Moeenuddin, Zahuruddin, Qutbuddin, Hakeem, Fazal ur Rahman sons of Khawaja Muhammad armed with Kalashnikovs and Khawaja Muhammad son of Ayaz Khan caste Zakhazai residence of Looni empty handed came there. Khawaja Muhammad said to all the five persons to kill both of us and all of them fired at us with their respective Kalashnikovs in order to commit our murder, due to their firing my brother Samiullah was hit and died on the spot. However, I escaped unhurt with the blessings of God. The accused decamped from the spot after committing the offence. Motive for the offence, as shown in the F.I.R. is land dispute and previous blood feud. He charged all the accused for committing the murder of his…

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