Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,302,504

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 504 & 34---Qatl-i-amd, insult intended to provoke breach of the peace, common intention---Post arrest bail, grant of---Vicarious liability---Scope---Absconsion of the accused---Effect---Role attributed to the petitioners was that they were accompanying the principal accused who committed murder of the deceased lady---Petitioners though armed with 'hatchet' and "Danda" had neither caused any injury to the deceased nor any prosecution witness, and it was yet to be determined by the Trial Court at the time of producing evidence as to whether petitioners had any common intention to commit murder of the deceased---Bail could be granted if accused had good case for bail on merit and mere absconsion would not come in the way of grant of bail---Petitioners were admitted to bail, in the circumstances. Manzoor Hussain v. State 2011 SCMR 902 ref. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, J.--- Having remained un-successful in obtaining their release on bail from the trial Court in Crime No. 20 of 2016, registered under sections 302, 504 and 34, P.P.C. at Police Station, Manjhand, now the applicants Sher Muhammad and Meer Muhammad are seeking their release on bail through instant bail application. 2. Brief facts of the prosecution case are that on 04.12.2016 the complainant Mst. Sabul got lodged FIR alleging therein that she married with Muhammad Murad and has two sons and two daughters from the said wedlock. Her daughter Mst. Waziran Begum got married with Ashique Ali Birhmani. The complainant earned her livelihood by netting the rope. It is further alleged that there is old dispute over the plot running between complainant and accused Wakeel Ahmed and his relatives. On 03.12.2016 the son of the complainant namely Mazhar Hussain and her brother-in-law Dodo were present in the house, while the complainant and her daughter Mst. Waziran Begum were netting the rope on the plot in front of the house, they saw everyone accused Wakeel Ahmed with gun, Sher Muhammad with danda and Meer Muhammad with hatchet came there at 01.00 p.m. while abusing the accused Sher Muhammad declared that…

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