Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/324/334/336/148/149

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/324/334/336/148/149---Bail, refusal of---Accused were named in the F.I.R.---Specific role had been attributed to them---Accused persons, after occurrence, fled away and remained proclaimed offender in the case---Challan against accused persons had already been submitted in the court and the trial was likely to conclude shortly---Offence with which accused persons were involved carried penalty of death/life imprisonment/10 years' R.I. which fell within the prohibitory clause of S.497, Cr.P.C.---Accused were vicariously liable for the act of their co-accused---No case for grant of bail having been made out, bail petition was dismissed. ORDER MUHAMMAD AKRAM QURESHI, J.---Through the instant petition, the petitioners have sought post-arrest bail in case F.I.R. No.1209 dated 24-11-2006 registered under sections 302/324/334/336/148/149, P.P.C. at Police Station, Khurrianwala, District Faisalabad. 2. Allegations against the petitioners and another are that they fired at Muzammal causing one injury on his abdomen. Learned counsel for the petitioner submits that the instant case was registered against the persons amongst whom Shahzad, Sajid and Mubarik have been assigned specific injuries on the person of Ramsha, Iram Shahzadi and Kashfa P.W. He submits that during the entire investigation the prosecution has not been able to point out the person who was responsible of causing the only injuries on the abdomen of Muzammal P.W.; that the petitioners have made out a case falling within the area of subsection (2) of section 497, Cr.P.C. He also argued that the question of vicarious liability is to be probed by the learned trial Court at the time of trial. He prayed for grant of post-arrest bail stating that the petitioners were arrested in this case on 27-1-2008, since when they are behind the bars. 3. Conversely the learned D.P.-G. assisted by the learned counsel. for the complainant vehemently opposed the contentions raised by the learned counsel for the petitioners stating that it is a 'case of promptly lodged F.I.R.; that the alleged incident took place at 8-30 p.m. and…

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