Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 497---Penal Code (XLV of 1860), Ss.302, 324, 337, 147, 148 & 149---Qatl-e-amd, attempt to commit Qatl-e-amd, causing Shajjah, rioting, unlawful assembly and common object---Bail, refusal of---While deciding bail application of accused alleged to have committed murder and was a member of an unlawful assembly; and the offence was committed in the prosecution of common object the bail would be refused---Where in such circumstances, no role was attributed to accused, same would not be sufficient to bring his case within the ambit of further inquiry---Claim of bail by accused alleged for committing the offence under S.149, P.P.C. on the ground of individual role played by him in the occurrence, could only be taken into consideration, where there appeared that the allegation of forming unlawful assembly and committing the offence in the prosecution of common object was doubtful---In the present case, allegation against accused was supported by Medico-legal Reports pertaining to the victims---Prima facie, presence of accused persons at the spot at relevant time and participation in the occurrence was established---Inference, in circumstances, could be drawn that accused were members of the unlawful assembly, which committed the offence in the prosecution of common object---Court below had not committed any error while refusing bail---Impugned order whereby accused were refused bail, being correct and in accordance with law, warranted no interference. ORDER SYED HUSSAIN MAZHAR KALEEM, J.---Above titled revision petition has been directed against the order of Additional District Court of Criminal Jurisdiction, Mirpur dated 20-12-2012 whereby the petitioners were refused bail. 2. Brief facts forming background of the revision petition are that a case under sections 302, 324, 337, 147, 148 & 149, APC was registered at Police Station Mirpur on the complaint of Muhammad Asif. It was reported that on 8-4-2011, the complainant was present in his house, at about 5:30 p.m., after hearing noise he came out and saw Adil Aziz standing there. He told him that Parvez, Shakeel and Muhammad Khalil have beaten him. In the meantime…

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