Law: Criminal Procedure Code (V of 1898)

Section: 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, grant of---Further inquiry---Common intention---Scope---Mere presence of the petitioner was alleged in the FIR---Complainant, however, through supplementary statement, attributed role of controlling the deceased by the petitioner---Record revealed that though the petitioner had been nominated in the F.I.R, but no role of firing was attributed to him---Petitioner was, admittedly, empty handed at the place of occurrence , while as per the Medical Report the deceased had received bullet injuries---Contents of FIR showed the presence of the petitioner at the place of occurrence, but the same was silent with regard to any kind of role played by the petitioner , which alone had made his case that of further inquiry in order to ascertain as to whether the petitioner had common intention and common object to commit the crime or his presence was unintentional---Complainant, through supplementary statement, had attributed to the petitioner, a role of controlling the deceased but the complainant had failed to disclose as to why he had not mentioned the role of the petitioner in the first information report--- Such role assigned to the petitioner subsequently through supplementary statement created a reasonable doubt about his participation in the commission of offence---Tentative assessment of record prima facie suggested that it was a case of further inquiry---Investigation in the matter had been completed, trial had commenced and the petitioner was no more required for the purpose of investigation or probe---Keeping petitioner behind the bars would not serve any fruitful purposes; he was admitted to bail, in circumstances. Allah Ditta v. The State and another 2014 PCr.LJ 658 ref. THIS ORDER PASSED BY: ABDULLAH BALOCH, J.--- This order disposes of Crl. Bail Application No.128 of 2019 filed by the applicant (accused) Najeebullah son of Saifullah, seeking bail after arrest, in case FIR No.201 of 2018, Police Station Saddar Loralai, under Section 302, 34, P.P.C. 2. Facts of the case are that on 22nd November 2018, the complainant Abdul Latif…

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