Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/324/148/149

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of. 1860), Ss. 302/324/148/149---.---Qatl-e¬-amd---.---Bail, refusal of---.---Accused along with other co-accused was directly charged by the complainant for effectively firing at the complainant party with which the two deceased were hit and died on the spot---.---Charge against accused was duly supported by medical evidence and ocular account---.---Offence against accused fell within the prohibitory clause of S.497, Cr.P.C.---.---Alleged plea of alibi about the non-availability of accused at the spot at the relevant time, would be thrashed out by the Trial Court after recording complete evidence---.---Plea of alibi, if allowed, it would amount to give a clear chit before trial which was not viewed with appreciation by the superior courts---.---Tentative assessment of materials brought on record reasonably connected accused with the commission of the offence due to which he was not entitled to the concession of bail---.---Bail was declined. THIS JUDGMENT DELIVERED BY: ATTAULLAH KHAN JUSTICE:---.--- Having failed to obtain the concession of bail from the Courts below, Akhtar Ali Khan, accused/petitioner, has now sought the indulgence of this Court to release on bail in case F.I.R. No. 65 dated 1-4-2010 under sections 302/324/148/149, P.P.C. of police station Domel, District Bannu. 2. According to the first report lodged by Abbas Ali Khan complainant on 1-4-2010 at 1630 houRs. on the eventual day and time he along with his sons Shuaib Khan. Sikander Khan, Atta-ul-Hassan and Amin along with his nephew named Saifullah son of Awal Mir were busy in constructing boundary wall over the roof, when in the meanwhile Azizullah Khan armed with repeater, Akhtar Ali. Abdul Qayum, Kalu, Baitullah, Haneefullah, armed with Kalashnikovs, came and asked them not to put bricks there over which some hot words took place and simultaneously all of them fired at the complainant party with which Sikander Khan and Shuaib Khan were injured, fell down to the ground and succumbed to the injures after some time. Motive for the offence was given to be land dispute between the parties. 3. Learned counsel for the…

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