Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Accused, father and three sons, were alleged to have killed son of complainant by beating him and injuring him with axe---Accused's father, had already been granted bail on ground of old age and infirmity---Accused, who have been assigned with effective role of inflicting axe blow on head of deceased leading to his death did not apply for bail---Present accused had been assigned ineffective role of fist and kick blows to deceased---Co-accused, father of present accused, who had been assigned same role had already been released on bail, although on additional ground of old age, and application for cancellation of bail had been dismissed---Post Mortem Report did not show cause of death as fist or kick blows; rather same had been clearly shown as injuries caused by sharp weapon to vital organs of deceased---Case of present accused was, therefore, one of further inquiry---Accused had been arrested immediately after occurrence and was behind bars since then without recovery of any incriminating material from their possession---No confessional statement had been made by accused---Investigation was already complete and Challan had been submitted, which implied that accused were no longer required to police or prosecution for purpose of investigation---Bail application was allowed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, cancellation of---One of accused persons had been granted bail on ground of old age and infirmity---No indication was available of misuse of concession of bail on part of accused, who was already on bail on ground of old age and infirmity---Impugned bail order did not appear to be perverse or capricious, and same, therefore, did not call for any interference by High Court---Application for cancellation of bail was dismissed accordingly. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:----------- Since this petition for post arrest bail by accused/petitioners,…

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