Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-i-amd, rioting, common object---Bail, refusal of---Incident was a daylight occurrence---Accused along with his co-accused had severely thrashed the deceased with kicks, fists, sticks and handle of hatchet and the deceased succumbed to injuries within three hours---Four eye-witnesses in their statements recorded under S.164, Cr.P.C., had supported the prosecution version in respects of mode, manner and the number of assailants---Role of each accused in such-like cases, could not be segregated for the purpose of conviction and sentence---Each one of the unlawful assembly having actively participated in the crime in prosecution of their common object, they all including the accused were burdened with constructive liability---In view of the direct charge made in F.I.R., supported by medical evidence, statements of eye-witnesses and noticeable abscondence of accused, which on principle of res gestae, being immediate conduct of accused, corroborated the prosecution case as a circumstantial evidence---Case of accused did not fall within the purview of S.497(2), Cr.P.C.---Accused after occurrence, remained absconder for a period of six months without any explanation for such abscondence---Fugitive from law would lose his normal rights, and bail could be refused on the sole ground of abscondence regardless of the merits of the case---In view of direct and primary ocular account of eye-witnesses, supported by medical evidence, and unexplained noticeable abscondence accused prima facie, was connected with offence entailing capital punishment---Bail application was dismissed, in circumstances. 1980 SCMR 784; 1997 SCMR 251; PLD 2011 SC 178; 2013 SCMR 1415; 2012 SCMR 1137 and 2012 SCMR 1273 distinguished. 1981 SCMR 1092; 1979 SCMR 92; PLD 1989 SC 585; 1992 SCMR 1418; 1996 SCMR 931; Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182; Awal Gul v. Zawar Khan and others PLD 1985 SC 402; Ibrahim v. Hayat Gul and others 1985 SCMR 382 and Raja Fazl ur Rehman v. Muhammad Afzal and another 2010 SCMR 179 ref. Munawar v. The State 1981 SCMR 1092 rel. (b) Criminal Procedure…

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