Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/324/337-A(i),337-F(i),504/34

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), Ss.302/324/337-A(i), 337-F(i) & 504/34---.---Qatl-e-amd and attempt to commit qatl-e-amd---.---Bail, refusal of---.---Injuries had been sustained by the complainant party and deceased had received fatal shot caused allegedly by accused party in which both accused persons had been named in the F.I.R. who had taken part in the incident, in which all the members of accused party would be held liable and S.34, P.P.C. had been invoked---.---Even otherwise accused had been attributed to have caused head injuries to one person from the complainant party---.---Accused persons having been involved in non-bailable offence, their bail application was rejected. Muhammad Afsar v. State 1994 SCMR 2051; Mumtaz Hussain and 5 others v. State 1996 SCMR 1125; Yaroo v. State 2004 SCMR 864; 1995 SCMR 391; 1992 SCMR 501; 1983 PCr.LJ 292; Sardar Muneer Ahmed Dogar v. State PLD 2004 SC 822; PLD 1988 SC 621 and 1989 SCMR 899 ref. THIS ORDER PASSED BY: SALMAN ANSARI, JUSTICE:---.--- This bail application has been moved on behalf of applicants Irfan Ali and Nasrullah who have been arrested in this case on a complaint lodged by one Mumtaz Ali on 3-2-2008 at Police Station, Rukan. Brief facts of the case are that oil 3-2-2008 at about 22 hours complainant Mumtaz Ali lodged F.I.R. that on the same day at about 1700 hours due to enmity with one Jinsar Abro and others as he along with his uncle Muhammad Soomar and brother-in-law Mushtaq his relative Abdul Hafeez and Yasin were standing on the road in front of hotel of Habibullah Solangi, when accused Jinsar alias Chuttal, Moula Bux, Irfan and Nasrullah came there and challenging the complainant Moula Bux fired pistol shots at his brother-in-law Mushtaq which hit him below his chest who fell down. Jinsar fired at Yasin which hit him on the left leg, accused Irfan and Nasrullah caused lathi blow to Abdul Hafeez on his head, Mushtaq died and a case under sections 302,324,337-A(i), 337-F(i), 504 and 34 P.P.C. against the applicants/accused. Their bail application was rejected by Sessions Judge Dadu on 1-4-2008 hence the present bail application. The…

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