Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,34,109

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 34 109---Qatl-e-amd, common intention and abetment---Bail, grant of---Further inquiry---No overt act---Allegation against accused was of abetment---Prima facie, prosecution had not collected incriminating material which could attract S. 109, P.P.C. against the accused---Mere saying that the accused had bad intention to get rid of deceased over the property dispute, did not lead at bail stage to the conclusion that accused was hatching any conspiracy in connivance with the main accused or he abetted the offence of murder of his own brother with co-accused---Accused was not present at the time of alleged incident, so he had played no role in causing death of the deceased and his involvement in the aforesaid crime on the basis of abetment was yet to be determined by the Trial Court---Accused was implicated on the basis of statement of co-accused which was not admissible in evidence under Art. 38 of Qanun-e Shahadat, 1984---Where evidence with regard to the allegation of abatement or instigation was 1acking the concession of bail could be extended in favour of accused---Bail was allowed to the accused, in circumstances. ORDER ADNAN-UL-KARIM MEMON, J.--- Through instant bail application, Applicant Wakeel Khan is seeking post arrest bail in FIR bearing No.364/2019 for offences under sections 302, 34 read with section 109, P.P.C. registered at Police Station Site-A, Karachi. 2. The case of the Applicant is that he was booked in Crime No.364/2019, registered under offences 302/34, read with section 109, P.P.C. at Site-A Police Station, Karachi at the instance of co-accused under section 109, P.P.C., both were arrested in the aforesaid crime on 13.7.2019 and Investigating Officer recorded statements of eye-witnesses under sections 161 and 164, Cr.P.C., prepared Mushirnama of place of incident, obtained Chemical Report of recovered Articles from Co-accused and submitted Charge Sheet against Applicant and others before concerned Judicial Magistrate on 09.8.2019. He being aggrieved by and dissatisfied with the inclusion of his name in the aforesaid crime moved Post arrest Bail…

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