Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,114,302,504

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 34, 504 & 114---Qatl-i-amd, common intention, intentional insult with intent to provoke breach of peace, abettor present when offence committed---Bail, grant of---Further inquiry---Accused was nominated in FIR and also shown to be armed with pistol at the time of occurrence yet was not alleged to have fired at the deceased---Role attributed to accused was that he only instigated the co-accused---When all the accused persons including present accused were armed with pistol, it was not understandable as to what were the circumstances which forbade the accused from firing at the deceased---Enmity between the parties was admitted in FIR---Enmity was a double edged weapon which could cut both ways---Delay of two days in lodging the FIR had not been accounted for plausibly by the complainant---Question of vicarious liability or sharing common intention was to be determined after recording pro and contra evidence at trial---Case against the accused in view of role attributed to him in the alleged occurrence had appeared to be of further inquiry---Bail was granted accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Common intention---Scope---Question of vicarious liability or sharing common intention was to be determined after recording pro and contra evidence at trial. Qurban Ali v. The State and others 2017 SCMR 279 rel. THIS ORDER PASSED BY: KHADIM HUSSAIN TUNIO, J.--- Applicant/accused Nazeer Qambrani Chandio was refused concession of post arrest bail in Crime No.215/2013 of Police Station Khairpur Nathan Shah, District Dadu, under sections 302, 504, 114, 34, P.P.C. by the learned 1st Additional Sessions Judge, Mehar vide order dated 16.09.2015, therefore, he has approached this Court with the same request. According to the case of prosecution, on 21.12.2013, the applicant/accused along with his accomplices, namely, Basar alias Qaisar, Imtiaz, Sattar, all by caste Qambrani Chandio, being armed with pistols, spotted complainant Nabi Jurio Khoso, his sons, namely, Liaquat Ali, Imdad Ali and nephew Mumtaz Ali at about 1200 hours, near the shop of Haji…

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