Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324,337-A(ii),337-L(2)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497--- Penal Code (XLV of 1860), Ss. 302, 324, 337-A (ii) & 337-L(2), 148 & 149---Qatl-i-amd; attempt to commit qatl-i-amd; shajjah-i-mudihah; hurt; rioting, armed with deadly weapon; common object---Bail, grant of---Further inquiry---Injuries attributed to the accused had been declared as falling under Ss.337-A(ii) & 337-L(2), P.P.C. by the doctor---Co-accused before the Court, who was present at the spot empty handed, along with the accused, had been alleged to have given kicks and fist blows to the deceased---Doctor, during the postmortem, however, had observed only a contusion mark on front of the right chest of the deceased, and no other mark of violence had been observed on the dead body---Injury that had caused death of the deceased would be determined after recording of evidence by the Trial Court---Vicarious liability of the accused or sharing of common intention with co-accused in the commission of the offence also would be determined by the trial court---Question as to whether the case fell either under S. 302, P.P.C. or S. 315, P.P.C., would also be determined by the Trial Court at an appropriate stage---Investigation of the case was already complete, and the accused persons were no more required for further investigation---Accused persons had been behind the bars without any fruitful progress in conclusion of their trial---Case of the accused persons was, therefore, one of further inquiry in terms of S. 497 (2), Cr.P.C.--- Bail application was allowed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principles----Mere heinousness of offence is no ground to refuse bail to the accused, who otherwise becomes entitled to the bail. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principles---Benefit of the slightest doubt arising out of prosecution case has to be given to the accused, not as a matter of grace but as a matter of right, even at bail stage. (d) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principles---No one can be kept in jail for an indefinite period, as speedy trial is the right of an accused. (e) Criminal Procedure Code…

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