Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.302, 337-H(ii), 114 & 34---Qatl-e-amd and causing hurt by rash or negligent act---Bail, cancellation of---Application for---F.I.R. showed that two accused persons held the victim form arms and third one shot two fires from his double barrel gun, whereas medical report had revealed that there was one fire-arm injury---F.I.R. had stated that the fire-arm hit the deceased below the chin on neck, whereas no such injury was shown in the medical report---Was not logical that two persons would hold arms of another person so that someone could hit with a gunshot and then that gunshot was stated in the F.I.R. to have hit below the chin on the neck; whereas medical evidence stated that injury was on the head from left side---No doubt during bail proceedings, evidence was not to be deeply appreciated, but at the same time clear and strong contradiction in the evidence, could not just be glossed over even at such stage---Postmortem report, showed that death of deceased had occurred due to wound which entered from left side of the skull and exited from right side---If two persons were holding hands of the deceased, the fire should have hit from the front, whereas F.I.R. had stated that shot hit from the front below the chin on the neck and no injury below the chin on the neck was stated in the postmortem report---All such facts had turned the case into a case of further inquiry----Bail granted to the accused was not cancelled. Abdul Hayee and 2 others v. The State 1996 SCMR 555; Mst. Fatima v. Abdul Majid 2004 YLR 200A YLR 400; Haji Gulu Khan v. Gul Daraz Khan 1995 SCMR 1765; Shafqatullah Qazi v. Karim Bux and others, 2001 MLD 215 and Bashir Ahmed v. The State PLD 1994 Kar. 462 ref. Rashid Mustafa Solangi for Applicant. Ali Nawaz Ghanghro, for Respondents Nos.1 to 3. Nisar Ahmed G. Abro, State Counsel. ORDER SHAHID AWNAR BAJWA, J.---F.I.R. No.76 of 2009 was recorded at Police Station Waggan, District Kamber-Shandadkot, on 29-5-2009, 4-30 p.m., for an incident alleged to have occurred on 27-5-2009, at 5-30 p.m. complainant was Mehar Ali and he stated that they had a running dispute with…