Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,302,324

(a) Criminal Procedure Code (V of 1898)--- ----S. 497--- Bail--- Appreciation of evidence--- Scope--- Deeper appreciation of record at bail stage could not be gone into---Only a tentative assessment was to be made just to find out as to whether the accused persons were prima facie connected with the commission of the alleged offence or not. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, refusal of---Prosecution case was that the accused persons along with co-accused had fired at the complainant party, as a result of which, one person had died while four persons sustained severe injuries---FIR against accused persons was lodged promptly---Specific role of firing at the deceased and injured was attributed to the accused persons---Record showed that seven persons armed with deadly weapons had made firing, due to which one person died at the spot and four persons sustained grievous injuries---Circumstances suggested that it could not be considered that each and every person was to be isolated and be taken separately for his own misdeed---Loss having been caused in one gathering, all the participants were to be taken into count---FIR as well as statements of the injured persons recorded under S. 161, Cr.P.C. and the statements recorded before the court placed the accused persons and co-accused persons in frontline of the case---Case had fallen within the prohibitory clause of S. 497, Cr.P.C.---Circumstances established that accused persons were involved in the commission of offence---Petition for bail was dismissed in circumstances. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principle---Observations made in bail matter were tentative in nature and were not to be considered during trial of the accused. Shuaib Mehmood Butt v. Iftikhar-ul-Haq 1996 SCMR 1845 rel. THIS JUDGMENT DELIVERED BY: ZAHEER-UD-DIN KAKAR, JUSTICE:---.--- Applicants Muhammad Umar and Ghulam Siddique seek post-arrest bail in case FIR No.3 of 2015, dated 29.05.2016, registered under sections 302, 324, 34, P.P.C. with Levies Thana, Garesha, District Khudzar.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492