Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,324,34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to qatl-i-amd and abetment---Bail, grant of---Abscondance---Acquittal of co-accused---Effect---Accused remained absconder and was arrested after co-accused was acquitted by Trial Court---Validity---Case of accused was identical to the case of co-accused, who had been acquitted on similar charge and his abscondence could not be treated as a bar to his release on bail---High Court declined to reject the plea of accused of bail at the threshold on the sole ground of abscondence---Fugitive from law was no ground to decline bail, if case of accused was otherwise found fit for bail on merits---Bail could not be refused even if accused had remained absconder because abscondance by itself was not a pointer towards guilt of an accused---Bail was allowed in circumstances. Jam Sadiq Ali v. State 1989 PCr.LJ 1910; Nawab Ali v. State 2003 YLR 113; Muhammad Iqbal Solangi v. State PLD 2004 Kar. 377; State v. Malik Mukhtiar Ahmed 1991 SCMR 322 and Mitho Pitafi v. The State 2009 SCMR 299 rel. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, JUSTICE:---.--- Nawas Khan son of Abdur Rahim, seeks bail in case FIR No. 868 dated 30.8.2009 under Sections 302/324/34, P.P.C. registered at Police Station City Mardan. He has been refused bail by the learned Additional Sessions Judge-IV, Mardan vide order dated 28.2.2017; hence, the instant petition for the same purpose. 2. On 30.8.2009, Azizullah complainant lodged a report to the effect that there was a quarrel in the house of accused-petitioner etc, who is his neighbours, and for the purpose of pacification, he went to his house and when returned to his house, the accused-petitioner along with Arif (acquitted accused) armed with firearms came and made firing at him, as a result of which, he and his relative Sultan got hit and injured. The occurrence was witnessed by injured Sultan and people present there. Subsequently, the relative of complainant Sultan succumbed to his injuries and section 302, P.P.C. was added in the FIR. 3. Arguments heard and record perused. 4. Perusal of the record reveals that no specific role of…

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