Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,324,337A(i),337-F(i)(ii),148,149

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.302, 324, 337-A(i), 337-F(i)(ii), 148 149---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah-i-khafifah, damiyah, badi’ah, rioting, armed with deadly weapon, common object---Bail, grant of---Scope---Complainant and another got injured whereas another lost his life, but as many as eight accused were charged for the occurrence where out of them three were attributed effective role---Principal accused, who was charged for the murder, was acquitted along with other co-accused---Trial Court had yet to determine whether the accused persons were vicariously liable for the murder of the deceased---Five out of eight accused persons were acquitted of the charges and the prosecution evidence was disbelieved in totality regarding the presence of complainant on the spot and the mode and manner of the occurrence, so the benefit from acquittal of co-accused could be extended to the accused even at bail stage---Petitions for grant of bail were allowed, in circumstances. Muhammad Faisal v. The State and another 2020 SCMR 971 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Absconsion---Scope---Absconsion alone is not sufficient to disentitle an accused to the concession of bail if he otherwise deserves the same on merit. (c) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Tentative assessment---Scope---Tentative assessment of material is to be made at bail stage and deeper appreciation is not warranted---Bail application cannot be heard and decided in vacuum rather the Court was to consider the available record/material for the purpose. JUDGMENT SAHIBZADA ASADULLAH, JUSTICE:---.--- This order shall dispose of two petitions for post arrest bail bearing Cr.M.BA. No.528-B of 2020 and Cr. M.B.A. No.532 of 2020, as both have arisen from one and the same FIR No.523 dated 17.11.2016, Under Sections 302/324/337-A(i) / 337-F(i)(ii)/148/149, P.P.C., Police Station Domel, District Bannu. Having failed to secure bail from the Court of learned Additional Sessions Judge-III, Bannu, order dated 26.09.2020, the petitioners have approached this Court for their release on post-arrest…

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