Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 302,34

Vicarious Liability and Common intention-- ----Question of--Sharing--Vicarious liability of petitioner and sharing common intention by him with his co-accused for committing murder of deceased shall be determined by trial Court after recording evidence. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302 & 34--Bail, grant of--Further inquiry--Allegation of--Role of ineffective firing--No crime empty has been collected by Investigating Officer during spot inspection and in this eventuality, value of recovery of 303-bore rifle allegedly effected from petitioner shall be assessed by trial Court at an appropriate stage--Petitioner is previous non-convict--He is behind bars without any fruitful progress in conclusion of his trial--Investigation of case is complete and petitioner is no more required for further investigation--His further incarceration in jail would not serve any useful purpose--Mere heinousness of offence is no ground to refuse bail to accused, who other becomes entitled for this concession--Case of petitioner becomes one of further inquiry covered by sub-section (2) of Section 497, Cr.P.C.--Petition was allowed. ORDER Through this petition under Section 497, Cr.P.C. the petitioner has sought post-arrest bail in case FIR No. 152/14 dated 24.08.2014 under Sections 302, 34, PPC, registered at Police Station Kalabagh, District Mianwali. 2. The arguments advanced by learned counsel for the parties have been heard and record of this case has also been perused with their able assistance. This is bail after arrest and only tentative assessment is required at this stage. It has been noticed by this Court that although petitioner is named in FIR yet no specific role has been attributed to him and only the role of ineffective firing is attributed to him therein. Even otherwise, the petitioner has not caused any injury to the deceased and same is specifically attributed to co-accused Anwar Din, so the questions of vicarious liability of the petitioner and sharing common intention by him with his co-accused for committing murder…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492