Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 302,109,34

Criminal Procedure Code (V of 1898)-------S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Application for cancellation of bail, dismissed of--Accused was charged for committing murder of the brother of complainant---Trial Court had granted bail to accused, while considering the fact that the deceased received several fire shots due to firing of accused and co-accused, however, it was not known as to who caused the fatal injury to the deceased and that admittedly the deceased was not fired at on his vital parts, making the case of accused one of further inquiry---Trial Court besides the above, while keeping in view the enmity and registration of several FIRs against each other, also held that false implication in such circumstances could not be ruled out, more particularly, in view of the plea of alibi, which was supported by the evidence produced by the accused so mentioned in the bail granting order---Other reason of bail was that since vide order dated 29.08.2023 nominated two accused persons were granted bail, thus on the basis of rule of consistency, accused was also entitled for bail---Bail granting order neither suffered from any factual error nor the grounds for cancellation of bail were available, warranting cancellation of bail---Application for cancellation of bail being devoid of merits was dismissed, in circumstances.Tariq Bashir and others v. The State PLD 1995 SC 34 and Abdul Majid Afridi v. The State and another 2022 SCMR 676 rel.Date of hearing: 23rd August, 2024.JUDGMENTSHAUKAT ALI RAKHSHANI, J.---Applicant has brought the captioned application for cancellation of bail granted to Shair Ali (respondent No.2) for committing murder of Sami Ullah (deceased) brother of complainant Ghulam Sarwar in a case bearing FIR No.24 of 2023 dated 06.05.2023 registered with Levies Station Dasht, Mastung under the offences, punishable under sections 302, 109 and 34 of the Pakistan Penal Code, 1860 ("P.P.C.").2.    Facts of the case, succinctly required for determination of the application in hand are that on 06.05.2023 on the written application of complainant Ghulam Sarwar FIR ibid was…