Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 324, 337 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, causing Shajjah, common intention---Bail, recalling of---Deceased, a student in full bloom of his youth had been deprived of his right of life due to alleged incident---Deceased was traveling in a bus, for a small amount of fare, cleaner of the bus caused serious head injury to the deceased---Bus driver, despite knowledge that the deceased was injured, joined the cleaner of the bus in beating the injured mercilessly and thereafter threw him out of the bus in critical condition---Role attributed to accused was satisfactorily established---Such act of accused created panic, fear and insecurity in the general public, especially to the young students who were traveling in the bus---Irrespective of the fact, whether the injury attributed to accused resulted into death or not, conduct of accused, was also to be considered---Conduct of accused was very much unbecoming and inhuman, depriving him of any concession---Sufficient material was available for believing that accused was involved in commission of non-bailable offence---Order passed by the Shariat Court granting bail to accused, was not according to law---Case of accused did not fall within the ambit of further inquiry---Impugned of the Shariat Court, was set aside and concession of bail extended to accused stood recalled, in circumstances. Imam Bux v. The State PLD 1983 SC 35; Muhammad Arshad and 2 others v. State PLD 1996 SC 122; Farmanullah v. Qadeem Khan and another 2001 SCMR 1474; Nadeem Akhter v. Muhammad Arshid 1994 SCMR 211 and Wali Muhammad v. The State 2000 PCr.LJ 145 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)--- Bail--- Further probe and inquiry--- Scope--- Some ambiguity in the prosecution story, or some chain of story be missing; or reasonable ground and circumstances appealing to a prudent mind that for connecting accused with the commission of alleged offence, some material was further required, must exist to bring the case within the ambit of further inquiry. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA,…

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