Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Penal Code (XLV of 1860)

Section: 302,337,452,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Evidence, assessment of---Tentative assessment of record had to be taken into consideration and deeper scrutiny of the evidence was not permissible at bail stage. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 337, 452 34---Qatl-i-amd, Shajjah, house-trespass after preparation for hurt, common intention---Bail, grant of---Further inquiry---Allegation against accused was that he along with his co-accused entered into the shop of complainant, assaulted on companion of complainant, who later on died---Record showed that it had been alleged in the FIR that the accused came at the shop of the complainant along with co-accused and pushed the deceased whereas co-accused opened straight fire on deceased, who was injured and brought to hospital but did not survive---Co-accused caused the death of the deceased, however, it was not the prosecutions case that the accused caused any injury to the deceased---Allegedly, the accused was present at the place of occurrence and facilitated the principal accused therefore, he was vicariously liable to the commission of alleged offence---Principle of vicarious liability could be looked into at bail stage if from the FIR the principal accused appeared to have acted in preconcert with co-accused who did not cause any injury to the deceased---Prima facie, no such eventuality was present in the present case, however, it would be adjudged after recording evidence---Accused was about fifteen/sixteen years of age; however, age per se was no ground for which bail should necessarily be granted but when no injury was attributed to the accused mere his empty handed presence at the place of occurrence was not sufficient to keep him in jail---Record showed that the age of the accused-petitioner was fifteen years at the time of occurrence who was a student of F.Sc., his studies would suffer if he was kept in jail for indefinite period---After tentative assessment of the FIR, statements recorded under S.161, Cr.P.C and other material collected by the prosecution, no reasonable grounds existed to believe that the accused was prima facie…

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