Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/148/149

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), Ss.302/148/149---.---Qatl-e-amd---.---Bail, refusal of---.---Contentions raised on behalf of accused, were such which could be agitated and scanned at trial stage and not at bail stage, because if same were discussed and decided, same would amount to deeper appreciation of evidence, which was not permissible---.---Such discussion would also cause expression of opinion before trial, which was not viewed with appreciation---.---Objection regarding some facts alleged in the site plan could only be determined when evidence would be re-considered---.---Seat of injuries was a point relating to evidence---.---Plea of alibi raised during arguments could be relevant, but that too could be weighed after complete evidence was recorded---.---Trial had commenced, though it could not be a sole ground for refusal of bail, but was a circumstance to be taken to the contrary---.---Accused immediately after the occurrence decamped from the spot and was arrested later on---.---Said period of absconsion had not been explained---.---F.LR. in the case had been promptly lodged within fifty minutes---.---Bail of co-accused had been dismissed and case of accused having the same features, could not be distinguished from his case---.---Accused not deserving the concession of bail, his prayer for bail, was accordingly declined. THIS JUDGMENT DELIVERED BY: ATTAULLAH KHAN JUSTICE:---.--- Rahmanullah petitioner seeks bail in case F.I.R. No. 88 dated 7-5-2009 of Police Station Domel, District Bannu, registered under sections 302/148/149, P.P.C. 2. According to the F.I.R. lodged by Mst. Khajana Bibi, on the fateful day she along with her daughter Waheeda Bibi were going to the house of Mangley for bringing water while her husband Bahader Nawaz was going ahead of them to Bazar Domel for the purchase of household articles. Meanwhile at about 0730 houRs. a white-colour Motorcar came and stopped near her husband. The car was driven by Rahmanullah accompanied by Zarwaley, Manzoor Khan, Muhammad Khan, armed with a Kalashnikov and Mst. Paylea Bibi, who came down therefrom. The identity of Bahadur Nawaz was…

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