Law: Criminal Procedure Code (V of 1898)

Section: 164,497,497(1)

Law: Pakistan Penal Code, 1860

Section: 34,302

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), S.302/34---Attempt to commit qatl-i-amd---Bail, refusal of---Offence had taken place in the broad daylight and immediately after the incident the F.I.R. was lodged on the same day---Crime weapon along with two live empties had also been recovered from accused---Two eye-witnesses in their statements made under S.164, Cr.P. C. had assigned the role to accused that he along with co-accused fired with crime weapon at the deceased who died and one lady who was passing on the road at the time of incident had also sustained two injuries and died later on---Enmity shown in the F.I.R. was double edged weapon which could not be used for either side, however the motive was given that the deceased was killed on account of enmity---Accused having not made out a case of further inquiry, his bail application was dismissed being meritless. Saifullah and another v. The State 2001 PCr.LJ 110; Ali Gul v. The State 2007 YLR 824; Lakhmir Kurio v. The State 2005 YLR 1467; Hussain Ahmed v. The State 2004 PCrLJ 669; Jaffar and others v. The State 1980 SCMR 784; Mst. Noor Habib v. Ghulam Raza and others 2009 SCMR 786 and Janan alias Jano Chandio v. The State PLD 2009 Kar. 265 ref. THIS ORDER PASSED BY: SYED SHAFQAT ALI SHAH MASOOMI, J.--- The applicant is seeking bail in Crime No.247/2008 Police Station Section Khairpur under section 302/34, P.P.C. The facts of the prosecution case as unfolded in the F.I.R. lodged by complainant Imtiaz Ali on 17-11-2008 at 1100 hours are that in the year 2006, one Shamsuddin was murdered in which case Mst. Sughra wife of complainant was challaned, whereupon brothers of deceased Shamsuddin Kathwar, namely Dur Muhammad and Talib were annoyed and they used to say that they will kill her. On the incident i.e. 17-11-2008 brother of complainant Nooruddin went to Session Court Khairpur for hearing whereas the complainant along with his uncle Ghulam Asghar and brother-in-law Hadi Bux were going to Khairpur for some work, when at about 1030 hours they reached at Osta Gohi Muhalla, where the complainant saw that his brother Nooruddin was returning and in the meanwhile four persons…

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