Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/324/148/149--- Qatl-e-amd and attempt to commit qatl-e-amd---Bail, refusal of---F.I.R. was promptly lodged wherein accused was directly charged for effective firing which resulted into the killing of the deceased---Accused remained absconder for about 7/8 years with no plausible explanation--- Abscondence simpliciter though could not be made a ground for refusal of bail, if otherwise the case was fit for bail, but in the present case other materials were available on record which had reasonably connected the accused with the commission of the offence---Some five persons were charged for effective firing in the F.I.R. and no body was specified, but that would not alone make the case of accused arguable for the purpose of bail being a matter to be thrashed out at the trial---Question of vicarious liability would also be adjudged at trial---Plea of acquittal of co-accused was also of no avail to accused because appeal thereagainst was sub judice before High Court---Accused was reasonably linked with commission of offence which carried a capital punishment---Bail application of accused was dismissed in circumstances. 2001 YLR 815; 2001 YLR 2896; 2010 PCr.LJ 340; 1985 SCMR 382 and Awal Khan v. Zawar Gul PLD 1985 SC 402 ref. THIS JUDGMENT DELIVERED BY: ATTAULLAH KHAN J.--- Neel Shah, accused/petitioner, has filed this application for his release on bail in case F.I.R. No.69 dated 1-10-2003 under sections 302/324/148/149, P.P.C. of Police Station Daraban, District D.I. Khan. 2. According to the F.I.R. lodged by Johar Khan complainant, Neel Shah petitioner in furtherance of common object of other co-accused has committed qatl-e-amd of Gul Bat Khan deceased by firearms over the motive of previous blood-feud enmity. 3. Learned counsel for the petitioner contended that the case of accused/ petitioner is at par with the acquitted co-accused and thus on the principle of consistency, he is entitled to bail. He argued that the evidence recorded in the trial Court would also be taken into consideration against the petitioner from which no case is made out against him. He further submitted that…

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