Law:

Section:

(a) Criminal Procedure Code (V of 1898)------S. 497(5)---Penal Code (XLV of 1860), Ss.302, 324 & 34---Qatl-e-amd, attempt to commit qatl-e-amd, common intention---Bail, cancellation of---Expression "further inquiry"---Scope---Accused persons, prima facie, had shared common intention with co-accused who caused the death of husband and son of the complainant---Accused persons could legitimately be saddled with contructive or vicarious liability for causing double murder; and injuries on the head of the complainant by invoking the relevant provision of S.34, P.P.C.---Accused had been released on bail on the basis of further inquiry, but subsection (2) of S.497, Cr.P.C., dealing with further inquiry had not been properly appreciated by the Trial Court---Expression "further inquiry" was not to be taken lightly, nor it was to be entertained unnecessarily---Accused persons had come to the spot fully determined to take lives of their opponents and were armed with deadly weapons---Complainant had promptly lodged F.I.R. wherein five persons had been charged by name for commission of offence---Impugned order (granting bail) was patently illegal, factually incorrect and perverse, which had resulted in miscarriage of justice---Order, whereby accused were granted bail, was set aside, and bail granted to accused persons, was cancelled, in circumstances. Rana Muhammad Safdar v. Gulzar Ali alias Papoo and another 1999 PCr.LJ 1; Khamiso and another v. The State 1999 PCr.LJ 9; Federation of Pakistan through the General Manager v. Mrs. Riaz Latif PLD 1990 SC 90; Iqbal Hussain v. Abdul Sattar and another PLD 1990 SC 758; Messrs Ali Woollen Mills Ltd. v. Industrial Development Bank of Pakistan and 3 others PLD 1990 SC 763; Rahim Bakhsh v. Shah Nawaz and another 2003 SCMR 1966; Vikio v. Abdullah and another 1980 PCr.LJ 602; Tassaduq Hussain v. Nouman Saeed and 2 others 2010 PCr.LJ 1990; Muhammad Rasheed Hassan v. The State (NAB) 2010 PCr.LJ 1902; Murad Khan v. Fazal-e-Subhan and another PLD 1983 SC 82; Kamal Din v. The State PLD 1983 SC 85; Sanaullah and 3 others v. The State 1983 SCMR 15; Muhammad Hussain and another v. Muhammad Khan 1983 SCMR 16; Rafiq Ahmad v. Ghulam Rasool…

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