Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302/324/34

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497(2)---.---Penal Code (XLV of 1860), Ss. 302/324/34---.---Qatl-e¬-amd---.---Bail, grant of---.---Further inquiry---.---Both accused persons though had been named in the F.I.R., but they were alleged to have beaten up deceased along with their co-accused---.---Medical report however, had shown no injury which could be attributed to confirm that deceased had been beaten up---.---All injuries on the person of deceased were shown to have been inflicted by the fire-arms which had been attributed to co-accused in the F.I.R.---.---Role of both accused persons, in circumstances, would require further inquiry to determine whether they had commonintention to commit the murder of deceased---.---Accused were admitted to bail, in circumstances. Rafiq Khan v. The State 1995 SCMR 343; Abdul Manan @ Billa v. The State PLD 1999 Lah. 74 and Ali Sheharyar v. The State 2008 SCMR 1448 ref. THIS ORDER PASSED BY: SALMAN ANSARI, JUSTICE:---.--- This bail application has been moved on behalf of applicants/ accused Abdul Hameed son of Abdul Rahim and' Abbas son of Abdul Rahim. Briefly the prosecution case is that on 16-6-2008 at 2300 hours an incident took place in which one Shahzad received injuries and on 17-6-2008 F.I.R. was lodged after recording 154, Cr. P.C. statement at, the Civil Hospital, of Azam brother of Shahzad. The statement is as under: "I am residing as above mentioned address and doing business of Scrap. On 16-6-2008 at 11 hours night, when I along with my elder brother Saleem Shahzad and uncle Shahbaz were standing at Akhara Building, Nishter Road land were busy in talking then our neighbours namely 1. Ghulam Qadir, 2. Haji Qasim son of Abdul Rahim, 3. Abdul Hameed son of Abdul Rahim and 4. Abbas son of Abdul Rahim came to us and there is transaction of amount between us. Ghulam Qadir and Haji Qasim demanded amount from my brother Saleem Shahzad and then they all became angry and started beating to my brother Ghulam Qadir and Haji Qasim took out their T.T. Pistols and fired on my brother Saleem Shahzad and due to reason my brother Saleem Shahzad became injured and fell down. Locality peoples were gathered there. I…

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