JAMAL-UD-DIN KHILJI vs State S — 2023 MLD 151 QUETTA-HIGH-COURT-BALOCHISTAN

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JAMAL-UD-DIN KHILJI VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 427, 109, 34---Qatl-i-amd, attempt to commit qatl-i-amd, mischief causing damage to the amount of fifty rupees, abetment, common intention---Bail, refusal of---Record transpired that the complainant recorded his statement before the trial court, wherein he narrated the thorough detail of the occurrence, specifically assigned the role of firing to the accused and co-accused---Death of deceased due to bullet injuries had not been disputed---Medico-Legal Certificate confirmed the unnatural death of deceased and bullet injuries to the injured---Parties knew each other prior to the incident and the occurrence took place in broad daylight, therefore there was no chance of mistaken identification---Statement of another ocular witness was yet to be recorded---Presence of accused had specifically been mentioned in the site plan---Site plan though was not substantive evidence but it could not be discarded without any reasons---Name of the accused/petitioner appeared in the FIR with specific allegation that he along with rest of culprits with their common object went over the place of occurrence, made indiscriminate firing upon deceased---At that stage it would be premature to say that the applicant had been involved in the case falsely by the complainant---Contention of the applicant that the FIR had been registered with delay of one hour fifty minutes despite the fact that the place of occurrence was one kilometre from the police station, had no force---Applicant remained absconder after registration of FIR---Record reflected that there was sufficient material available on record connecting the accused with the commission of the offence---Bail application filed by the co-accused had been rejected and the case of the applicant was similar with the co-accused---Bail application was dismissed, in circumstances.

JAMAL-UD-DIN KHILJI vs State S — 2023 MLD 151 QUETTA-HIGH-COURT-BALOCHISTAN

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