Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 302,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302 & 34---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, common intention---Bail, cancellation of---Identical allegations against accused and co-accused--Accused admitted to bail while co-accused denied bail on identical allegations---Discrepancy---High Court admitted accused to post-arrest bail on the grounds that he had not been nominated in the FIR for the alleged murders; and that the name of accused had been introduced in the present case as a culprit through a statement made by complainant, under S.161, Cr.P.C. after six days of the alleged occurrence---Validity---Said grounds relied upon by the High Court for admitting accused to bail equally applied to the case of co-accused whose petition for post-arrest bail had earlier been dismissed by the same Judge of the High Court by observing that complainant and the other eye-witnesses mentioned by her in her statement recorded under S.161, Cr.P.C. were consistent regarding participation of co-accused in the murder and that the said co-accused was attributed an effective role of causing injuries to the deceased which allegation found support from the medical evidence---Allegations levelled by complainant and the other eye-witnesses against co-accused as well as accused were almost identical and the circumstances in which both of them had been implicated in the present case were also not dissimilar, thus, it was surprising that co-accused had been denied post-arrest bail by the same Judge who had admitted accused to post-arrest bail--- Judge-in-Chamber of the High Court had adopted discrepant approaches vis-a-vis different accused persons attributed almost identical roles which approach could not be approved---Regarding the merits of the case accused stood duly implicated by complainant as well as the other eye-witnesses in their statements recorded under S.161, Cr.P.C. as the person who had given toka(knife) blows to deceased on his head causing his death besides causing injuries to the other deceased collectively with the co-accused---Medical evidence prima facie lent support to the allegations levelled against…

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