Law: Criminal Procedure Code (V of 1898)

Section: 161,497

Law: Pakistan Penal Code, 1860

Section: 34,114,302,324,337-H2,452,504

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 452, 114, 504 & 337-H2---Qatl-i-amd, house trespass, abetment when the abettor is present when the offence is committed, intentional insult to provoke breach of peace, rash or negligent act---Bail, refusal of---Specific role---Collective injury---Scope---Motive not mentioned in the FIR---Effect---Petitioner and three other accused allegedly had made firing on the deceased (brother of the complainant ) while post mortem report showed that fire attributed to the petitioner had hit the deceased on upper side of male organ---Petitioner contended that his case was that of further inquiry as fire/injury attributed to him was not on a vital part and thus, could not be said to be cause of death---Petitioner submitted that no motive was mentioned in the FIR and that Police had declared co-accused as innocent---Complainant contended that death was caused by the collective injuries making it irrelevant as to which fire had hit the vital part of the body---Petitioner had not placed any material to show that the part of the body, where petitioner was said to have caused fire/injury, was not a "vital part" of body, which could not cause death---Cause of death as revealed in post mortem report was cardiopulmonary injury due to shock and haemorrhage and damage of vital organ---Petitioner had relied upon the said excerpt of post mortem report in his favour, however, the same could also be read against him---Deeper appreciation of evidence was neither possible nor desirable at bail stage--As to who caused the fatal injury, would not make any material difference---Police though had declared the co-accused innocent during the investigation but, admittedly, not the petitioner---Even otherwise Police had no role/ authority to opine on the innocence or guilt of an accused ---Absence of motive in the FIR was not helpful for the petitioner as occurrence was not denied---Eye-witnesses had reiterated their version in the FIR, while recording statement under S.161, Cr.P.C.---Crime weapon had been recovered and ocular evidence was supported by medical evidence---Bail was declined to the petitioner,…

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