Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,324,147,149,504,337-H,337-A(i),337-F (i)

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.302, 324, 147, 149, 504, 337-H, 337-A(i) 337-F(i)---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, common object, intentional insult with intent to provoke breach of peace, hurt by rash or negligent act, shajjah-i-khafifah, damiyah---Bail, refusal of---Scope---Accused along with others was alleged to have committed qatl-i-amd---Name of the accused appeared in the FIR with specific allegation that he with the rest of the culprits after having formed an unlawful assembly and in prosecution of their common object went over to the complainant party and then committed death of the deceased by causing him lathi, iron rod and hatchet injuries---Specific role of causing hatchet blow to the deceased was attributed to the accused, therefore, it was premature to say that the accused being innocent had been falsely involved in the case---Provisional medical certificate, no doubt, opined that the deceased was found sustaining injuries with hard blunt substance but such provisional opinion could hardly be allowed to prevail over ocular evidence---Deeper appreciation of the facts and circumstances was not called for while deciding the bail application---Delay of two days in lodging the FIR was itself explained in the FIR---Parties were known to each other, therefore, identity of the culprits by the complainant party in the light of bulb could hardly be doubted at bail stage---No case for grant of bail was made out---Petition for grant of bail was dismissed, in circumstances. ORDER IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object committed Qatl-e-Amd of Israr Ahmed by causing him hatchet, iron rod and lathi injuries and then went away by insulting the complainant party and making aerial firing to create harassment, for that the present case was registered. 2. The applicant on having been refused post-arrest bail by learned 2nd Additional Sessions Judge, Naushahro Feroze has sought for the same from this Court by way of instant application under section 497, Cr.P.C. 3. It is…

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