Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 148, 149 & 109---Qatl-i-amd, rioting, armed with deadly weapon, unlawful assembly and abetment---Bail, grant of---Further inquiry---Previous enmity---Probability of false implication---Admittedly both the accused persons were empty-handed during the incident in issue and they had not caused any injury to any person---Accused persons were elders of their co-accused who had fired at the deceased and there was a background of enmity between the parties based upon a previous murder---In such backdrop spreading the net wide by the complainant party so as to falsely entangle the accused persons in the present criminal case appeared to be a possibility which could not safely be ruled out---Investigation of the case had already been finalized, and challan had been submitted---Trial had commenced and statements of many prosecution witnesses had been recorded and, thus, physical custody of the accused persons was no longer required and their continued incarceration was not likely to serve any beneficial purpose---Case against the accused persons called for further inquiry into their guilt within the purview of subsection (2) of S. 497, Cr.P.C.---Accused persons were admitted to bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail---Case of further inquiry into guilt of accused---Abscondment of accused---Effect---In a case calling for further inquiry into the guilt of an accused person bail was granted to him as of right and not by way of grace or concession---At times bail was refused to an accused person upon his having remained a proclaimed offender but at the same time it was equally true that such refusal of bail proceeded primarily upon a consideration of propriety---Whenever a question of propriety was confronted with a question of right the latter must prevail. Ibrahim v. Hayat Gul and others 1985 SCMR 382; Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182; Qamar alias Mitho v. The State and others PLD 2012 SC 222 and Ehsan Ullah v. The State 2012 SCMR 1137 ref. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:-----------------…

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