Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,452,109,148,149

Criminal Procedure Code (V of 1898)---.--- ---.---S.497---.---Penal Code (XLV of 1860), Ss.302, 452, 109, 148 & 149---.---Qatl-e-amd---.---Bail, refusal of---.---Names of accused persons transpired in the promptly registered F.I.R.---.---Said F.I.R. had disclosed that since all accused persons including accused had trespassed in the house of the complainant they were also members of unlawful assembly---.---Accused persons in furtherance of their common object appeared at the place of vardat, and one of them fired at the wife of the complainant due to which she died on the spot---.---Every member of the unlawful assembly was therefore vicariously liable for the commission of crime---.---Contention of counsel for accused that no specific role had been assigned to accused, had no force, as according to F.I.R. accused along with other accused entered in the house of complainant duly armed with pistol and facilitated the main accused to kill deceased in presence of her husband and her six children---.---Deceased was the mother of six daughters and two sons and most of them were minors---.---Injured lady sustained firearm injury on the head in furtherance of the common intention of accused---.---Offence took place in the morning at 7 a.m. and accused were properly identified by the complainant and two eye-witnesses present at place of incident---.---Accused persons, in circumstances had failed to make out a case of further inquiry---.---Bail application was dismissed, in circumstances. THIS ORDER PASSED BY: SYED SHAFQAT ALI SHAH MASOOMI, JUSTICE:---.--- This application is directed against the impugned order dated 25-3-2009, passed by learned 1st Additional Sessions Judge, Shikarpur in criminal bail application filed in Sessions case No. 185 of 2008, arisen out of F.I.R. No. 180 of 2009, Police Station New 'Faujdari Shikarpur, for offences under section 302, 452, 109, 148, 149, P.P.C. for grant of bail to applicants after their bail plea was declined by the learned trial Court vide impugned order. 2. Facts of the case in nutshell are that on 11-8-2008, complainant Nazir Ahmed Manganhar lodged report with Police Station New Faujdari Shikarpur, alleging therein…

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