Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-e-amd, common intention---Bail, grant of---Further inquiry---Non-attribution of any role in the murder---Accused was (only) shown to be present at the spot along with the co-accused, who fired a single shot killing the deceased---Deceased was said to have caught hold of the co-accused, who allegedly fired in order to get himself released---Reasonable grounds existed to suggest that accused has not shared the (intention of) commission of murder--- Accused could not be refused bail on the basis of vicarious liability unless he was shown through positive evidence to have played a role in the murder---Case was on of further inquiry---Accused was granted bail in circumstances. 2010 SCMR 1178 and 2011 SCMR 902 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 34---Bail---Common intention---Issue of further inquiry---At bail stage issue of common intention was normally one of further inquiry unless there was other compelling reasons/circumstances to reach a different conclusion i.e. by way of other pieces of evidence, which could definitely connect the accused with the crime enquiry. 2010 SCMR 1178 rel. JUDGMENT HASAN FEROZ, J.---By this bail application applicant Muhammad Naveed has challenged the order dated 28-9-2013 passed by learned IInd Additional Sessions Judge, Hyderabad in Criminal Bail Application No.1156 of 2013 whereby bail after arrest has been refused to him in Crime No.22 of 2013 registered at Police Station Hali Road, Hyderabad for the offence under section 302, P.P.C. 2. Facts of the case are that deceased Rehan Saghir was having medical store shop in his name at Quba Masjid and on 8-3-2013 due to non-reaching of Rehan Saghir in his house, complainant along with his brother Nauman had gone to medical store to see the deceased where they saw neighbourer of colony namely Muhammad Naveed alias Baghri, 2. Kaloo Gaddi, 3. Shoaib alias Sheba along with Mustafa Machi armed with pistol were fighting with their brother. Deceased Rehan Saghir caught hold of Mustafa Machi, who on seeing the brothers of deceased…

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