Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302(B)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 302(b)---Constitution of Pakistan, Art. 185(3)---Bail, grant of---Further inquiry---Accused along with four other persons was alleged to have held onto the accused, where after the co-accused fired on the deceaseds forehead---Accused was assigned role of a facilitator by holding the deceased alongside four others---Question was whether in the facts and circumstances of the case as alleged by the complainant himself, such facilitation of holding onto the deceased was at all required, that too, without incurring fatal risk of being unintendedly hit by the shot fired by the co-accused in the darkness---As such accuseds culpability required further probe within the contemplation of subsection (2) of S. 497, Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed, and accused was granted bail. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- The petitioner is in the array of accused in a case of homicide wherein one Niaz Ali was shot dead during the night of 11th December, 2020 within the precincts of Police Station B. Section Tando Allah Yar Khan. It is alleged that during the fateful night, the accused six in number, in the backdrop of a dispute over water turn, assaulted the deceased; solitary fatal shot is attributed to Azhar co-accused; remainder of the accused are blamed to have clutched the deceased whereafter he was hit on his forehead, bullet exiting from the rear. The petitioner has been declined bail lastly by the High Court vide impugned order dated 28.6.2021, leave to appeal wherefrom is being prayed for on the grounds that on stated facts the accusation…

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