Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,324,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, grant of----Further inquiry---Suspicious injuries---Nature of injuries not described in medical report---Role of causing firearm injury to the deceased was ascribed to the co-accused whereas the only role attributed to the accused was that of causing injuries to the injured witnesses---During medical examination of the injured witnesses, it had been specifically mentioned in the medico legal report that the injuries sustained by both the witnesses were suspicious---Even otherwise, there was no specification of injury caused to the injured witnesses and even the nature of injuries had not been described by the doctor---From the place of occurrence, four empties were recovered but since no weapon of offence had been recovered, such recovery could not be used against the accused---No useful purpose would be served by keeping the accused behind bars till the conclusion of the trial---Petition for leave to appeal was converted into appeal and allowed, and accused was granted bail. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Co-accused persons fugitives from law---Effect---During bail stage criminal liability could not be shifted from one person to the other merely on the ground that the co-accused of the accused were still at large. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail---Absconsion of accused---Effect---Accused could be granted bail if his case was otherwise made out on merits and his mere absconsion would not come in the way of his bail---Effect of absconsion depended on the facts of each case and bail could be granted if an accused had a good case for bail on merits---Mere absconsion would not deprive him of bail, if otherwise his case was one of further inquiry as envisaged under S. 497(2), Cr.P.C. Rasool Muhammad v. Asal Muhammad 1995 SCMR 1373; Muhammad Tasaweer v. Hafiz Zulkarnain PLD 2009 SC 53 and Mitho Pitafai v. State 2009 SCMR 299 ref. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.--- Through this petition under Article 185(3) of the Constitution of…

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