Law:

Section:

Criminal Procedure Code (V of 1898)----------S. 497---Penal Code (XLV of 1860), Ss.302/34---Bail, grant of--­Accused was not attributed the role of catching hold of collar of deceased from the reverse or the front side near the neck of deceased or pressing it which caused death of deceased---Prima facie, it appeared that occurrence was not preplanned, but had taken place at the spur of the moment---No lethal weapon was brought to the place of incident which fact itself, was presenting the true picture of the intention of the accused---Use of abusive language when continued unrestrained, then the consequences and its repercussion, appeared in the shape of reported incident---Keeping accused in jail for an indefinite period would serve no purpose as trial had not yet commenced---Accused was admitted to bail, in circumstances. Ali Asghar and another v. The State PLD 1985 Kar. 609; Shaukat Ali and others v. The State 1986 PCr.LJ 2585; M. Hayat and others v. The State 1983 PCr.LJ 260; Muhammad Afzal v. The State 1990 PCr.LJ 928; Nasrullah v. The State 1990 MLD 140; Moula Dad v. The State 2000 PCr.LJ 1096; Munawar v. The State 1981 SCMR 1092; Khadim Hussain and others v. Shabbir Afzal and another 2002 PCr.LJ 794; Rana Muhammad Safdar v. Gulzar Ali alias Papoo and another 1999 PCr.LJ 1; Muhammad Shahid v. The State 2002 SCMR 247 and Syed Sameer Rauf v. The State 2002 MLD 1311 ref. ORDER Rana Khan Bahadar got a report registered with Police Station Sadar Sadiqabad, District Rahimyar Khan at Serial No.285 of 2003 on 17-8-2003 with regard to an occurrence having taken place at 10-00 a.m. on the aforesaid date under sections 302/34, P.P.C. The petitioner who has been involved in the F.I.R. after having failed to get the concession of bail from the learned Additional Sessions Judge, Sadiqabad on 25-11-2003, has filed this petition. 2. According to the story as narrated in the F.I.R., Khushi Muhammad, Muhammad Siddique, Muhammad Ansar and Muhammad Akbar were constructing a joint wall of Ihata when the informant alongwith Asghar Ali Nasir, Patwari reached at the spot and directed Khushi Muhammad to get the place measured before the wall was to be constructed. But they…

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