Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 322,34

Criminal Procedure Code (V of 1898)--- ----S. 497(2)--- Penal Code (XLV of 1860), Ss. 322 34---Qatl-bis-sabab, act done by several persons in furtherance of common intention---Bail, grant of---Further inquiry---Allegations against the accused were that they were responsible for the offence as alleged in the FIR as well as in the charge sheet---Section 322, P.P.C., though not bailable, yet was not punishable with any period of imprisonment besides Diyat---Question as to whether the punishment of payment of Diyat amount would bring the case of the accused within the compass of prohibitory clause attached to S.497(1), Cr.P.C. or whether the S. 322, P.P.C., would be applicable in the present case---Deep merits of the case, at bail stage, could not be appraised and accused could not be kept in jail for a matter, which still required further probe as to whether it was an offence of qatl-e-khata/qatl-bis-sabab or intentional act of the accused---Accused, in such like situation, would be entitled to concession of bail under S. 497(2), Cr.P.C., on the point of further enquiry---Accused were not previous convicts or remained indulged in such type of activities---Accused were in jail since their arrest---Bail was granted. ORDER ABDUL MAALIK GADDI, JUSTICE:---.--- Through this common order, I intend to dispose of the captioned bail applications, as these bail applications relate to the same FIR. By means of these bail applications, the applicants seek post-arrest bail in case Crime No.331 of 2019 registered at Police Station Docks, under sections 322/34, P.P.C. 2. The allegations against the applicants/accused are that on 27.08.2019 at about 07:30 p.m. complainant Zeeshan Ahmed Durrani son of Iftikhar Ahmed Khan recorded his statement under Section 154, Cr.P.C. stating therein that on 27.08.2019 at about 04:00 pm, he was informed by the principal of Habib Public School that an accident took place with his child namely Usman Ahmed Durrani in swimming pool and asked him to immediately reach at South City Hospital. It is stated that at about 04:15 pm, complainant reached at South City Hospital, where he was informed by the doctor that his child has died and child was brought…

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