Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss. 302, 394, 397 & 34---Qatl-e-amd, robbery and common intention---Bail, grant of---Vicarious liability---Plea raised by accused was that he did not fire upon the deceased---Validity---Whether accused had fired upon deceased or not would make no difference, but what actually mattered was substance of charge and offence---Presence of accused was not denied at place of incident as he was arrested from there---Accused and co-accused both in pre-planned manner and pre-concert committed offence in which one innocent person lost his life---Existence of common intention amongst participants in crime was essential element for applicant of S.34, P.P.C.---Acts of several persons charged with commission of offence jointly must not necessarily be the same or identically similar---Acts could be different in character but must have been actuated by one and the same common intention in order to attract provision of S.34, P.P.C.---Accused shared common intention with co-accused in commission of crime of murder and robbery---Bail was dismissed in circumstances. Mulo Ahmed v. The State 2011 MLD 1171 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Vicarious liability, principle of---Scope---Such principle can be looked into even at bail stage if from F.I.R., accused appears to have acted in pre-concert or shared community of intention with his co-accused. ORDER MUHAMMAD ALI MAZHAR, J.---The applicant has applied for post arrest bail in Crime No. 163/2011, lodged at Police Station Al-Falah Karachi under section 394, 397, and 34, P.P.C. In the charge sheet section 302, P.P.C. was also added. 2. The brief facts of the case as narrated in the F.I.R. are that on 6-6-2011, complainant Muhammad Amir son of Shabbir Ahmed along with his deceased brother Munir Ahmed was selling milk. The applicant with absconding accused duly armed with weapons committed robbery and the deceased caught hold of the applicant on which absconding accused started firing upon the deceased in order to rescue the applicant. Due to said firing deceased Munir Ahmed received four bullets injuries while applicant…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492