Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Mere presence at place of occurrence---Non-attribution of any injury---Accused was merely shown to be present at the spot while armed, but no injury to the deceased or injured persons was attributed to him---Accused was shown in the FIR to be a silent spectator who despite being armed with a weapon did not use the same---Complainant had thrown a wide net to involve all male members of the family of accused in the commission of the crime---Question as to what role was performed by the accused during the incident was yet to be ascertained during trial---Question of vicarious liability of accused and sharing of common intention in the incident could not be decided at bail stage as the same needed evidence---Prosecution witnesses had also narrated mere presence of accused at the spot in their statement sunder S. 161, Cr.P.C.---Accused was granted bail accordingly. Muhammad Yousaf Butt v. P.C. Abdul Lateef Shar and others 2012 SCMR 1945; Dhani Bux and others v. The State and others 1989 SCMR 239; Arshad v. The State 2012 PCr.LJ 1749; Umar Hayat and others v. The State 2009 PCr.LJ 1058; Sher Ahmad and others v. Jan Faqir and others 2003 PCr.LJ 528 and Ghazi v. The State 2002 PCr.LJ 1532 distinguished. ORDER SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---The petitioner Niaz Ali Shah son of Sangeen Shah prays for his release on post arrest bail in case FIR No.466, dated 19-7-2013, registered under sections 302, 324, 148 and 149, P.P.C. with police station Hanjarwal, Lahore. 2. In the occurrence, as reported through the instant FIR, the petitioner was shown to be armed with a pistol whereas his other family members booked in the instant case had fired at Azhar Khan and killed him whereas Ghani ur Rehman also received injuries. 3. Parties heard and record-perused. 4. As is evident from the perusal of the record mere presence of the petitioner Niaz Ali Shah has been recorded in the crime report without attributing any injury either to the deceased or to the…

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