Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 498--- Penal Code (XLV of 1860), Ss.302, 324, 337-A(i)(ii), 337-F(i), 337-L(2), 337-H(2), 447, 511, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, causing Shajjah-i-Khafifah, Mudihah, Damiyah, hurt, criminal trespass, attempt to commit offence, hurt by rash or negligent act, rioting, common object---Pre-arrest bail, grant of---Unexplained delay of three days in registration of FIR, which prima facie reflected that the FIR had been got registered after due deliberation and consultation---No specific role had been assigned to accused and only a joint allegation of making aerial firing along with co-accused was levelled against accused---One of co-accused was assigned role of inflicting "Sota" blows, which was a bailable offence---None of accused persons had caused any injury to the deceased---Questions of sharing common intention in furtherance of common object with co-accused for committing murder of deceased and vicarious liability of accused persons, would be determined by the Trial Court after recording evidence---Injuries sustained by some of accused persons during the incident were suppressed---Both the parties having received injuries during the incident, question as to who was the aggressor and who had been aggressed upon, would be determined by the Trial Court after recording evidence---Two accused persons who were merely present at the spot, were empty handed---Case to the extent of said accused persons had become a case of two versions; one put forward by the complainant in FIR, and the other came on record during investigation and which version was correct, would be determined by Trial Court after recording evidence---Dispute regarding property and civil litigation was pending between the parties---Possibility of false implication of accused persons by the complainant by spreading the net wide, could not be ruled out---Accused persons who were previous non-convict, had already joined the investigation, which to the extent of said accused persons was complete---No useful purpose would be served by sending said accused persons behind the bars---Pre-arrest bail, already granted to said accused…

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