Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302,311,34

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 311 34--Post arrest bail, grant of--Allegation of--Committing murder--Nominated in FIR--Matter of further inquiry--Question of vicarious liability--Determination at the time of trial and not at the time of bail--It is settled principle of law that question of vicarious liability can be determined at the time of trail and not at the time of bail--It is also well settled that ipsi dixit of police is no binding upon Court and even for purpose of bail, law is not to be stretched in favour of the prosecution--Petition accepted pre-arrest bail allowed. 2009 YLR 1076, 2011 SCMR 161 ref. ORDER Through this petition, the petitioner seeks post-arrest bailin case FIR No. 173/2019, dated 05.08.2019 registered underSections 302, 311, 34, PPC, at Police Station Harnoli, District Mianwali. 2. As per FIR, the prosecution version is that on 05.08.2019, at 09:30 a.m., the complainant Mushtaq Ahmed ASI alongwith police party while performing his patrolling and other misc. official duties reached near the house of the petitioner and heard hues and cries from inside the house and then witnessed the petitioner alongwith his co-accused holding feet of his deceased sister Mst. Rimsha Bibi and the co-accused, Muhammad Shahzad, father of the deceased, while raising lalkara to kill her, whereas, the co-accused Wasim Shahzad was committing murder of said Mst. Rimsha Bibi while making successive hatchet blows. 3. Arguments heard, record perused. 4. Perusal of record transpires that although the petitioner is nominated in a promptly lodged FIR with a role of holding the feet ofthe deceased Mst. Rimsha Bibi, but no specific injury or overt act is attributed to him. It is yet to be determined whether the co-accused acted in compliance of said lalkara, by the learned trial Court after recording the evidence. It is settled principle of law that question of vicarious…

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