Law: Criminal Procedure Code (V of 1898)

Section: 497(5),161

Law: Pakistan Penal Code, 1860

Section: 302,148,149

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-e-amd, rioting armed with deadly weapons, unlawful assembly---Application for cancellation of bail, dismissal of---Infliction of injuries by several persons---Description of injuries to be given by complainant---Scope---Accused persons, eight in total, allegedly inflicted a beating on the deceased, whereafter the co-accused fired at and killed the deceased---Allegation against accused persons was of general beating---Post mortem report of deceased showed three injuries, one of which was a firearm injury, while the other two were blunt weapon injuries---Record did not clearly show as to who, out of the eight accused persons, had caused the blunt weapon injuries---Although complainant was not expected to give a graphic description of the seats of injuries but nevertheless he had to explain to some extent the infliction of the injuries when more than one person was nominated for beating the deceased---Individual liability of each accused was a matter of trial and such liability could not be determined at bail stage---Application for cancellation of bail awarded to accused persons was dismissed in circumstances. Zafar Iqbal v. Muhammad Ilyas and another 2006 SCMR 150; Ehsan Akbar v. The State and 2 others 2007 SCMR 482; Mst. Noor Habib v. Saleem Raza and others 2009 SCMR 786; Haji Gul Rehman v. Imran-ud-Din and another 2009 SCMR 1179 and Shaukat Hayat v. The State 2010 SCMR 1931 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-e-amd, rioting armed with deadly weapons, unlawful assembly---Cancellation of bail---Accused and co-accused persons allegedly inflicted a beating on the deceased, whereafter accused fired at and killed the deceased---Complainant had stated that fire was made by accused, which fact was authenticated by prosecution witnesses in their statements under S.161, Cr.P.C.---Weapon with live bullets was also recovered at the instance of accused---Sufficient material was available on record to connect accused with the charge of murder of deceased---Bail granted to…

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