Law: Criminal Procedure Code (V of 1898)

Section: 161,497,497(2)

Law: Pakistan Penal Code, 1860

Section: 34,302

Criminal Procedure Code (V of 1898 )--- ----S. 497---Penal Code ( XLV of 1860 ), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, refusal of---Absconsion---Scope---Active participation of the accused-Effect---Petitioner was nominated in the FIR with specific role that allegedly he along with co-accused, caused serious injuries on the person of the deceased by firing and beating with steel spoon---Petitioner contended that he remained hospitalized after suffering injuries in the fight, started by the deceased and his friends in a marriage ceremony, and it was after his arrest that he came to know about his nomination in the FIR and that Trial Court had declared him an absconder---Petitioner submitted that as co-accused had been released on bail sohe was also entitled for concession of bail under rule of consistency---Complainant apprehended that the petitioner would be again fugitive from law once released on bail as enmity over motorcycle dispute existed between the petitioner and the deceased (brother of the complainant)---Validity---Petitioner had admitted that he was injured as a result of fighting whereas, brother of the complainant had died in result of head injuries during the said fight, therefore, active participation of the petitioner in the said fight allegedly happened at the place of incident could not be ignored---Active role of the petitioner showed that the fighting was actually result of the enmity between the petitioner and the deceased---Record revealed that it was actually the marriage ceremony of the co-accused, who was released on bail, as he was on the stage at the time of fighting and also because no role was assigned to him---Evidence of eye-witnesses was yet to be recorded by the Trial Court which had already been delayed due to absconsion of the petitioner---Release of the petitioner on bail, at present stage , would create hindrance in the proceedings---Bail was refused to the petitioner, in circumstances. 2012 YLR 2898 distinguished. THIS ORDER PASSED BY: MRS. KAUSAR SULTANA HUSSAIN, J.--- On dismissal of bail Application No. 901/2014, by the trial Court, vide order dated 17.03.2017 and 15.08.2017, the applicant Ejaz Ahmed has…

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