Law:

Section:

Criminal Procedure Code, 1898 (V of 1898) ------ ------ ------ S. 497(2) ------ Pakistan Penal Code, (XLV of 1860), Ss. 302, 324, 148, 149 ------ Bail, grant of ------ Further inquiry ------ Ineffective firing abscondance ------ Common object ------ Question of ------ Complicity of petitioner qua his acting in furtherance of common object with rest of his co-accused requires recording of evidence, but till then refusal of bail in view of peculiar facts and circumstances of case would not be a step justified in law ------ Held: Bail was refused to petitioner mainly on ground of abscondence when otherwise case comes within ambit of Section 497(2), Cr.P.C., then abscondence would not be a bar for grant of bail. 1991 SCMR 322, 2009 SCMR 299, rel. Ineffective Role ------ ------ ------ Scope of ------ Further inquiry ------ Firing attributed ------ Cases wherein ineffective role of firing is attributed, falls within scope of further inquiry due to reason that question as to whether accused intentionally fired at complainant or deceased, in furtherance of common object/common intention but was unsuccessful to hit or case has been padded by attributing ineffective firing by opposite-party, could be answered after recording of evidence. 1998 SCMR 454, 2000 SCMR 1360 & 1990 SCMR 1085, rel. THIS JUDGMENT DELIVERED BY: ISHTIAQ IBRAHIM, JUSTICE:---.--- Sherin son of Hussain Khan invokes the jurisdiction of this Court under Section 497 of Criminal Procedure for his enlargement on bail in case registered at Police Staten Tajori (Lakki Marwat) under Sections 302/324/148/149, PPC vide F.I.R No. 166 dated 26/5/2010. 2. Petitioner's prayer for his release on bail was turned down by Learned Additional Sessions Judge-II, Lakki Marwat through order dated 20/10/2016. 3. Facts of the case are that complainant Masood-ur-Rehman brought the dead body of his uncle Lal Shah to Police Station. Reported the matter to the effect that on the eventful day at 6:45 a.m. he alongwith deceased Lal Shah were proceeding to Tajori. Deceased was ahead of him, they spotted accused/petitioner Sharin alongwith five others who were duly equipped with Kalashnikovs except co-accused Hasham in compliance…

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