Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,114,302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 114 & 34---Qatl-i-amd, abetment, if abettor is present when offence is committed, common intention---Bail, grant of---Only instigation occurrence (Lalkara) was attributed to the accused---Petitioner , and his father (co-accused), allegedly instigated his brother (main accused ) to open indiscriminate firing upon the mother of the complainant, resulting her death---Record revealed that complainant was brother-in-law of thepetitioner and main accused in the case and alleged murder was committed during Jirga meeting duly witnessed by two female participants---Said female witnesses had reiterated the FIR, while recording their statement under S.164, Cr.P.C.---Petitioner though had directly been charged in the FIR but only the role of Lalkara had been attributed to him---Weapon of the offence had been recovered from the possession of main accused and recovered empty matched with said recovered weapon---Nothing qua active role of the petitioner or any weapon to be in his possession during the alleged occurrence had been stated---Role of Lalkara and its effect would be determined after recording of evidence, while co-accused with similar attribution had died in jail hospital---Petitioner was admitted to bail, in circumstances. 2014 YLR 200 and Zaigham Ashraf v. The State and others 2016 SCMR 18 ref. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, CJ: - Accused-petitioner, Muhammad Ali alias Ali son of Nabi Gul, charged in case vide FIR No. 579 dated 04.07.2018, under sections 302/114/34, P.P.C., registered in Police Station Sarband, Peshawar, has approached this Court for his release on bail, which was refused to him by learned Additional Sessions Judge-V, Peshawar, vide order dated 03.09.2018. 2. As per contents of FIR, the case of prosecution is that, complainant Abdur Raziq, present in HMC, while reporting the matter to police has stated that he was present with his deceased mother, when his maternal uncle Wazir Gul along with accused-petitioner and co-accused Sher Ali son of Nabi Gul and Nabi Gul son of Gul Raheem came in order to settle the matter, and during talks, accused…

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