Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,404,34

Criminal Procedure Code (V of 1898)---.--- ---.---S.497(2)---.---Penal Code (XLV of 1860), Ss.302, 404 & 34---.---Qatl-e¬-amd---.---Bail, grant of---.---Further inquiry---.---F.I.R. had shown that accused was armed with hatchet and he, along with two unknown accused persons, who were armed with country made pistol, caught hold of the complainant party, but did not cause any injury to complainant or any of the witnesses---.---No injury to the deceased had been caused by accused, though he was alleged to have been armed with hatchet---.---Enmity and motive as stated in the F.I.R., was attributed to co-accused who was annoyed with deceased because deceased had involved him in the case of theft---.---After completing the offence, co-accused along with two unknown persons drove away the motorcycle of complainant party and accused proceeded to his village along with hatchet, but said hatchet had not so far been recovered from the possession of accused---.---F.I.R. had also been lodged after unexplained delay of about 16-1/2 hours---.---Allegation against accused was general in nature---.---Question of vicarious liability of accused could be determined at the trial---.---Case against accused, in circumstances, required further enquiry as contemplated by S.497(2), Cr. P. C.---.---Accused was admitted to bail, in circumstances. Basharat Hussain v. The State 1978 SCMR 357; Shahid v. The State 1994 SCMR 393; Mehmood Akhtar and another v. Haji Nazir Ahmed and 4 others 1995 SCMR 310; Faraz Akram v. The State 1999 SCMR 1360; Farzand Ali v. Taj and 2 others 2000 SCMR 1854; Gulzar Khoso v. The State 2006 PCr.LJ 1984 and Muhammad Imran and others v. The State 2008 PCr.LJ 1555 rel. THIS ORDER PASSED BY: MAQBOOL AHMED AWAN, JUSTICE:---.--- The applicant Khan son of Muhammad Yousuf Junejo approached for grant of bail in Crime No. 111 of 2008 of Police Station Qazi Ahmed for offences under sections 302, 404, 34, P.P.C. The facts for disposal of the present application for grant of bail are that Muhammad Ismail, the complainant on 2-8-2008 at 1330 houRs. lodged the F.I.R. at Police Station Qazi Ahmed, stating therein that on the fateful day he along with his nephew Din Muhammad…

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