Law: Criminal Procedure Code (V of 1898)

Section: 162,497(1)(2)

Law: Pakistan Penal Code, 1860

Section: 34,302,311,337-H(2),449

Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) & 162---Penal Code (XLV of 1860), Ss. 302, 311, 337-H(2), 449 &34---Qatl-i-amd, when waived/compounded, a rash or negligent act to endanger human life or personal safety of others, house trespass in order to the commission of an offence punishable with death, common intention---Bail, grant of---Vicarious liability---Scope---Witness involved the accused through furtherstatement---Effect---Four accused (including one unknown) allegedly armed with pistols, surrounded the cot of the brother of complainant and main accused made straight fire shot on the deceased while the rest pointed their pistols towards the complainant and witnesses were directed not to come near, otherwise they would be killed---Complainant contended that petitioners (two in number) shared vicarious liability with the main accused in murdering his brother, who contracted court marriage with the lady hailing from accused side---Record revealed that one petitioner was nominated in the FIR whereas, the name of the other petitioner did not appear in the FIR, and had been implicated on the basis of subsequent statement of the complainant recorded under S.162, Cr.P.C.---No active role against the petitioners (said accused) was alleged in the FIR and only their presence was alleged ---Sharing vicarious liability with the main accused by the petitioners, prima facie, could be determined during the trial---FIR was lodged with the delay of 21 hours without plausible explanation---After one day of lodging of the FIR, witnesses implicated the unknown accused with specific role of firing and in statement recorded under S. 162, Cr.P.C, the complainantdisclosed the name of said (unknown ) accused without an active role, hence the FIR and statements of the witnesses had contradicted each other---Mere involvement of the accused in the offence punishable with capital punishment,falling within ambit of prohibitory clause under S. 497(1), Cr.P.C, did not excludethe accused from benefit of bail until and unless sufficient grounds appeared toestablish his connection with the commission of offence---Investigating agencyhad not found any material against the…

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