Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 148,149,302/337-A(i),337-F(i),337-F(v),3 37-L(ii)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/337-A(i), 337-F(i), 337-F(v), 337-L(ii) & 148/149---Qatl-e-amd and attempt to commit qatl -e-amd---Bail, grant of---Further inquiry---No specific injury, either to the complainant or. his sister and father had been ascribed to accused---All the twelve accused persons were nominated in the case and out of them eight including the accused were nominated in the F.I.R. and four of them were unknown persons---Six out of the nominated accused had been declared innocent by the Police and only accused and his brother had been left in the case---Question of vicarious liability of accused was to be gone into at trial---Case of accused was open to further inquiry into his guilt covering under S.497(2), Cr.P.C.---Accused had been arrested about five months ago---When case of an accused could found one of further inquiry into his guilt, he would become entitled to relief of bail as of right and not mere grace; in such a situation accused could not be detained unnecessarily---Accused was admitted to bail, in circumstances. Amir v. The State PLD 1972 SC 277 ref. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, J.--- Petitioner Muhammad Bashir by way of the instant petition has prayed for bail after-arrest in case F.I.R. No.264 originally registered under sections 337-A(i)/337-F(i)/337-F(v)337-L(2)/148/149, P.P.C. with Police Station Shah Bhaur, District Okara on 29-9-2009. On the death of injured Mian Khan, the offence under section 302, P.P.C. statedly was added in the same on 5-10-2009. 2. Briefly the prosecution case as per the F.I.R. is that on 21-9-2009 at about 10-11 a.m. Mian Khan and others while having Sotas, in prosecution of the common object of the unlawful assembly formed by them, at Killa No. 4 Square No. 16 in the village of the complainant, they all caught him (complainant) from his hair and dragged him towards their Dhari. On his alarm, his sister Mst. Zikran Bibi and father Mian Khan were attracted to the spot. They tried to rescue him. Thereupon, they (accused) all with Sotas gave beatings to them, who received injuries on the various parts of their bodies. In the…

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