Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Pakistan Penal Code, 1860

Section: 302/34,109

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302/34 & 109---Qatl-e-amd, common intention, abetment---Bail, grant of---Only allegation of raising lalkara---Non-attribution of any overt act during occurrence---Previous enmity between parties---Effect---Allegation against accused was that he raised a lalkara upon which co-accused fired at and killed the deceased---Although accused was named in the F.I.R. but no overt act had been ascribed to him---Only role ascribed to accused was of raising lalkara--- Accused was not stated to be armed with any weapon---Previous enmity between the parties was admitted---Accused was admitted to bail in circumstances. Rafiq Khan v. The State 1995 SCMR 343 and Tariq Zia v. The State 2003 SCMR 958 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Scope---Non-attribution of any overt act during occurrence--- Effect--- Whenever no overt act was ascribed to the accused, courts were lenienttowards admitting accused to bail. Rafiq Khan v. The State 1995 SCMR 343 and Tariq Zia v. The State 2003 SCMR 958 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail---Offence entailing capital punishment---Case of further inquiry---Effect---When otherwise case against accused was covered under S.497(2), Cr.P.C., he was entitled to concession of bail as matter of right. Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585 rel. THIS ORDER PASSED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- Through the instant petition, the petitioner has sought for his post-arrest bail in case F.I.R. No.1172, dated 24-7-2012, offence under sections 302, 109, 34, P.P.C., registered with Police Station, Shahdara, Lahore. 2. Allegation against the petitioner, in brief, as per contents of the crime report is on 26-7-2012 at 4-00 p.m. he raised lalkara to teach a lesson to Muhammad Ashraf(deceased) qua pursing murder case against them. Subsequently his co-accused committed murder of Muhammad Ashraf. 3. Learned counsel for the petitioner contends that the petitioner has falsely been involved in the instant case by the complainant against the actual facts and circumstances due to…

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