Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.324 & 34---Attempt to commit qatl-e-amd, common intention---Bail, grant of---Further inquiry---Injured had sustained a solitary injury, for which three accused had been charged---General role of firing had been attributed by the complainant to all three accused, without specification of fatal shot to any one of them---As to shot of which of the three accused proved fatal, and the vicarious liability of accused in commission of offence, was the question, which could only be answered by the Trial Court after recording evidence---Such had made the case of accused persons, that of further inquiry into their guilt---Two versions of the case were on the record and as to which of the two versions was correct, was yet to be determined by the Trial Court after recording evidence---Such aspect of the case, also made the case of accused persons arguable for the purpose of bail---Mere fact that punishment provided for the offence fell within the restrictive limb of S.497, Cr.P.C., would not obstruct the way of bail, when otherwise, on merit the case of bail had been made out---Bail could not be withheld as a punishment, because a mistaken relief of bail could be repaired by convicting accused after trial, if found guilty, but no proper reparation could be offered to accused for unjustified incarceration---Accused were admitted to bail, in circumstances. JUDGMENT ASSADULLAH KHAN CHAMKANI, J.---Petitioners (1) Noman Shah and (2) Mutakib Shah, being unsuccessful before the learned Additional Sessions Judge Shabqadar to get the concession of bail, through this further application seek the same concession from this court in case FIR No.175 dated 30-3-2014, registered under section 324/34, P.P.C. at Police Station Abdul Hameed Shaheed Shabqadar, District Charsadda. 2. Allegations against the accused/petitioners as divulging from First Information Report are that, on the fateful day they along with their absconding co-accused Muareem Shah, while duly armed with deadly weapons and in furtherance of their common intention, in the fields of Nala Katozai, falling within the limits of Police…

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