Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,34

(a) 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---Prosecution case was that accused-petitioners in furtherance of common intention committed qatl-i-amd of father of complainant---No doubt, the accused-petitioners were directly charged in the FIR by the complainant but at the same time, complainant was not an eye-witness of the occurrence---Report of the occurrence was lodged after the delay of twenty five hours which was based on the information to the complainant by witness---Role of firing was attributed by the said witness to both the accused-petitioners which would be subject to scrutiny at the trial, especially when the postmortem of the deceased had not been conducted---Site plan was not in support of the prosecution case---Nothing incriminating had been recovered from the accused-petitioners---No direct or circumstantial evidence was available on the record connecting the accused-petitioners with the commission of alleged offence---Record showed that there was cross-version of the occurrence lodged by the accused party against the brother of the complainant---Circumstances suggested that case of the accused-petitioners was one of the further inquiry into the guilt as contemplated in S. 497(2), Cr.P.C.---Accused-petitioners were allowed bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail---Absconsion of accused---Effect---Mere absconsion of the accused would not be sufficient when otherwise a case for bail in view of the peculiar facts and circumstances was made out. Mitho Pitafi's case 2009 SCMR 299; Ehsanullah's case 2012 SCMR 1137; Ikramul-Haq's case 2012 SCMR 1273 and Qamar alias Mitho's case PLD 2012 SC 222 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principle---Observations made in bail order were tentative in nature and would not affect the case during the trial in any manner whatsoever. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, JUSTICE:---.--- Accused-petitioners Sher Afzal and Munawar alias Boi, after having been refused bail by the learned lower Court in case…

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