Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 497(5)---Penal Code (XLV of 1860), Ss.302, 34 & 109---Qatl-i-amd, common intention, abetment--- Bail, grant/cancellation of---Principles---Appeal against order passed by Shariat Court, whereby bail was granted to accused persons---Co-accused who was implicated in the case on the statement of accused had stated before the Magistrate that he abetted the accused in destroying the evidence by washing the blood stained clothes---Whether statement of accused, could be used against other co-accused was premature to Judge---Question, whether accused shared the common intention with other co-accused, could not be determined on the basis of the evidence available on record, as the deeper appreciation of evidence was not warranted under the law, while dealing with the bail application---Reasons assigned by the Shariat Court while extending the concession of bail to accused persons, were convincing which did not warrant any interference by Supreme Court---Shariat Court had exercised its discretion in a judicious manner---Challan had already been presented in the court of competent jurisdiction---Principles for grant of bail and cancellation of the same were quite different---Once bail had been granted, same could not be cancelled, unless it was found that the bail granting order was patently illegal, erroneous, factually incorrect; and had resulted into miscarriage of justice---Accused persons, were no more required for further investigation; it would be fruitless to send accused persons behind the bars---Shariat Court had passed impugned order after attending all the questions involved in the case---In absence of any illegality in the impugned passed by the Shariat Court, appeal was rejected. Azmatullah v. The State 2012 PCr.LJ 1973 rel. Mukhtar Hussain and another's case 2005 SCR 29 ref. JUDGMENT RAJA SAEED AKRAM KHAN, J.---This appeal has been filed against the order passed by the Shariat Court on 14-10-2013, whereby while accepting the revision petitions filed by the accused-respondents, herein, they have been granted the concession of bail. 2. The brief facts of the case are that a case under sections 302,…

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