Law:

Section:

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497(2)---.---Penal Code (XLV of 1860), Ss.302, 324 & 34---.---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---.---Bail, grant of---.---Further inquiry---.---Role of firing at the deceased, had been specifically attributed to absconding co-accused---.---Only role attributed to accused persons was that they while aiming their weapons at the complainant, warned him not to move; and later on when the complainant tried to apprehend absconding co-accused after murder of his son, accused persons opened fire at the complainant which proved ineffective---.---Accused persons, having not actively participated in the murder of the deceased, their common intention with the principal absconding co-accused; as well as their intention to kill the complainant, who was at their mercy, was yet to be determined during trial after recording evidence, which had made the case of accused persons arguable for the purpose of bail---.---Bail, could not be refused merely on the ground that accused was directly charged in the FIR for a heinous offence; otherwise, accused were found entitled to the concession of bail; because mistaken relief of bail, could be repaired by convicting accused, if proved guilty at the trial, but no proper reparation could be offered for their unjustified incarceration, albeit, their acquittal in the long run---.---Case of bail having been made out on merits, mere absconsion of accused persons, could not be a ground for refusal of bail---.---Accused, were admitted to bail, in circumstances. Mitho Pitafi v. The State 2009 SCMR 299 rel. THIS ORDER PASSED BY: ASSADULLAH KHAN CHAMKANI, JUSTICE:---.------ Petitioners 1. Ikhtiar 2. Kashif and 3. Gul Muhammad, seek bail in case FIR No.274 dated 16.08.2014, registered under sections 302/324/34, P.P.C., in Police Station Regi wherein they along with absconding co-accused Imtiaz are charged for committing the murder of Nishad Khan on 16.08.2014 at 15.30 hours inside the Baithak of complainant Taza Khan, with firearms. 2. Arguments heard and record perused. 3. Admittedly, the role of firing at the deceased has been…

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