Case Details

Citation(s)
2018 SLG 1490 2018 SLD 1490 2018 YLR 1282
Lahore High Court
Criminal Miscellaneous No. 122644-B of 2017, decision Dated: 06-02-2018.
ABDUL SAMI KHAN, JUSTICE
Liaqat Ali Malik for Petitioners. Irfan Zia, Deputy Prosecutor General for the State and Aslam ASI with record. Asad Nisar for the Complainant.

SARFRAZ AND 2 OTHERS

VS

THE STATE AND ANOTHER

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860),Ss. 302, 324, 337-A(i), 337-A(ii), 337-F(i), 337-L(2), 447/511 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, hurt and common intention---Bail, grant of---Further inquiry---Vicarious liability---Common intention---Scope---Accused persons were not attributed injuries on the person of the deceased---Effect---Record revealed that although the accused persons were nominated in FIR , however, no injury on the person of the deceased was attributed to them and they had been assigned the role of causing injuries on the heads of injured ladies falling under S. 337-A(ii), P.P.C.---Vicarious liability of accused persons as well as sharing the common intention with co-accused for committing murder of deceased would be determined by the Trial Court after recording evidence---Case of accused persons called for further inquiry into their guilt as envisaged under S.497(2) of Cr.P.C---Accused persons were admitted to bail, in circumstances. Mumtaz Hussain v. The State 1996 SCMR 1125 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860),Ss. 302, 324, 337-A(i), 337-A(ii), 337-F(i), 337-L(2), 447/511 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, hurt and common intention---Bail, refusal of---Nomination in FIR---Specific role attributed to the accused---Effect---Record revealed that accused was nominated in FIR with specific allegation of causing hatchet blow on left arm of the deceased---Said role assigned to the accused in FIR was borne out from the postmortem report of the deceased---Sufficient material was available against the accused as prosecution witnesses in their statements under S. 161 of Cr.P.C. had prima facie connected the accused with the case---Offences with which accused had been charged fell under the prohibitory clause of S, 497 of Cr.P.C---Bail application of accused was dismissed, in circumstances. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 497, Cr.P.C. Sarfraz, Ehsan Ullah and Mohsin Kamal petitioners have sought post-arrest bail in case FIR No. 304/17, dated 01.07.2017, under sections…
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