Law:

Section:

Criminal Procedure Code (V of 1898)--- ---S. 497---Penal Code (XLV of 1860), S.302/34---Qatl-e-amd---Bail, refusal of---Points agitated at bail stage were concerning the trial and if those were considered, it would amount to deep appreciation of evidence which was not permissible under the law at bail stage---Report which had been promptly lodged, had eliminated the chance of false implication of accused person---Report showed that complainant had no relation either with the deceased or any enmity with accused; in circumstances, unless evidence was recorded, it could not be said that complainant had any motive to involve accused falsely---Accused persons had also remained fugitive from law for a sufficient long and unexplained period and the trial had also commenced---Tentative assessment of the materials brought on record, prima facie, had reasonably connected accused persons with the commission of the offence---Accused, in circumstances were not entitled to the concession of bail. Ghulam Hur Khan Baloch for Petitioners. Sanahullah Shamim, D.A.-G. for the State. Muhammad Ismail Alizai for the Complainant. Date of hearing: 12th April, 2010. JUDGMENT ATTAULLAH KHAN, J.--Inayatullah etc; have filed this application for their release on bail. They are charged under sections 302/34, P.P.C. vide F.I.R. No.171 dated 13-9-2008 of Police Station, Kulachi, District D.I. Khan. 2. The brief facts are that the complainant along with relative namely Zakerya were proceeding towards their house. Zakeria was ahead followed by Inayatullah, Attaullah, Aurangzeb and Sadullah, accused/petitioners who were duly armed with Kalashnikovs, while the complainant was following them at some distance. In the meanwhile, all the accused opened fire at them with which Zakeria was hit who fell down and thereafter all the accused decamped from the spot. With the firing of the accused, one Abdur Rehman was also hit who died on the spot. The complainant has identified the accused in the light of bulb. According to his report, Zakeria on reaching the hospital succumbed to the injuries. 3. Learned counsel for the petitioners argued that the presence of the complainant who is the only eye-witness of…