Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)- ----Ss. 497/498--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 302/324/ 148/149--Bail--Dismissed--Accused nominated in the FIR--Specific role of straight firing--Complainant sustained nine injuries, as a result of injuries died due to secondary hemorrhage--FIR had been recorded by the police officer in the Hospital while the complainant had been admitted in the Hospital--Statement of the FIR had been made soon after the incident at the time, when the deceased/complainant expected death, therefore statement recorded in the FIR of the deceased/complainant would be considered as dying declaration--Weapon of offence and empties cartridges had been recovered from possession of accused--Sufficient material on the record, dying declaration of the complainant/deceased, evidence of recovery, medical evidence and the statement of investigation officer to connect the accused with the commission of offence--Defects pointed out by learned counsel for the accused with regard to the late submission of the cartridges and the pistol to the Forensic Science Laboratory--Court would not go into the deeper appreciation of the evidence which is primary duty of the trial Court--Court should not deliberately attend to the merits of the case when the trial is likely to be concluded in near future lest it might prejudice the merits of the case of either party--Learned counsel for the accused had not been able to persuade the Court to grant the concession of bail--Petition dismissed. [Pp. 304 & 305] A, B, C & D Order The petitioner seeks post arrest bail in case F.I.R. No. 428/2004 dated 4.9.2004 registered under Sections 302/324/148/149 PPC at Police Station Gulgasht, District Multan. 2. Briefly stated the prosecution story as per the contents of the FIR is that the deceased Muhammad Younas alleged that he is a labourer and on the day of occurrence at about 10.15 a.m. he alongwith Zahoor Hussain and Imran were coming after attending the date from the Court of Mr. Falak Sher Farooqa, Addl. Sessions Judge, Multan on a rickshaw and were going towards their houses. He alleged that when they reached near Imran Bakers Chowk Rasheedabad,…

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