Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Points to be considered---While dealing with the bail matters, the court had to confine itself to examine the material i.e. the statements recorded under S.161, Cr.P.C., allegation levelled in the FIR and the medical evidence---Deeper appreciation of evidence was not warranted under law. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.302, 147 & 149---Qatl-i-amd, rioting, common object---Bail, cancellation of---Principles---Trial Court had dismissed application for grant of bail, but Shariat Court accepted revision petition against dismissal order and released accused on bail---Validity---All prosecution witnesses, while recording their statements under S.161, Cr.P.C., remained consistent on the point that accused person caught hold the deceased and that cause of death of the deceased was head injury---Trial was in progress and statements of some witnesses had also been recorded---Prima facie, prosecution witnesses made the statements in line with the allegations levelled and statements recorded under S.161, Cr.P.C.---Prosecution witnesses had fully supported the version of the prosecution---Role attributed to accused persons, could be termed as "an active role in the commission of murder of the deceased" which clearly amounted to facilitating the commission of offence---Reasonable grounds existed for believing that accused persons had been guilty of offence punishable with death or imprisonment for life or imprisonment for 10 years---Provisions of S.497(1), Cr.P.C., were attracted in the case, which imposed embargo to release accused on bail---Benefit of S.497(2), Cr.P.C., could not be given when there was no ambiguity in the role attributed to accused---Accused persons had actively participated in the occurrence in furtherance of their common intention---Principle for grant of bail and cancellation of bail were quite different and for cancellation of bail there must be some overwhelming and extraordinary circumstances, but, in the present case circumstance as floated on the surface of the record, led to believe that accused persons, had facilitated main…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492