Law: Pakistan Penal Code, 1860

Section: 302,324,148,149,337D,337C

Law: Criminal Procedure Code (V of 1898)

Section: 87,88,161

(a) Criminal Procedure Code (V of 1898)-------S. 497(5)---Penal Code (XLV of 1860), Ss.302/324/148/149---Bail, cancellation of---Accused although allegedly armed with a lethal weapon like 222 bore rifle, contented himself with only raising a "Lalkara", which called for further probe qua his culpability under sections 302/324, P.P.C. as also his vicarious liability under 5.149, P.P.C.---While leaving the place of occurrence after the transaction the said accused had also allegedly indulged in ineffective firing along with other accused---Role attributed to co-accused was that he had caused a fire-arm injury on the left arm near the shoulder of a prosecution witness, who was not named in the F.I.R. but had only cropped up in the supplementary statement of the complainant---Nature of the said injury was not determined---Discretion exercised by the Sessions Court in granting bail to the accused did not appear to be arbitrary or fanciful so as to call for any interference by High Court---Application for cancellation of bail was dismissed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.302/324/148/149---Bail, cancellation of---Sessions Court had granted bail to the accused heedlessly following the ipsi dixit of the police and without even attempting to acquaint itself as to the damage allegedly caused by them---Five prosecution witnesses had stubbornly clung to the stance taken by the complainant in the F.I.R. fully implicating the accused in the crime---Trial Court instead of confining itself to the tentative assessment of the material available on record had made deeper appreciation of the same and forget to note the conduct of the accused, who had been trying to play fast and loose with the process of the Court and had been eluding the process of law with impunity for a reasonable length of time---Sessions Court, thus, had exercised discretion in allowing bail to accused arbitrarily and fancifully---Bail granted to accused was cancelled in circumstances. Muhammad Sharif v. Shafqat Hussain alias Shaukat and another 1999 SCMR 338 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of…

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