Law: Criminal Procedure Code (V of 1898)

Section: 497,164,364

Law: Penal Code (XLV of 1860)

Section: 302,148,149

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497, 164 364---Penal Code (XLV of 1860), Ss. 302, 148 149---Qatl-i-amd, rioting, armed with deadly weapon and common object---Bail, grant of---Further inquiry---Scope---Accused persons were charged for pre-planned murder of the deceased---Main accused had confessed to his guilt by making a statement under Ss.164/364, Cr.P.C.---Evidentiary value of the confessional statement of main accused was yet to be determined at trial, however, tentative assessment of the same revealed that he had exonerated the accused persons and had claimed that he alone was involved in the murder of deceased--- Case of accused persons fell within the ambit of further enquiry---Petition for grant of bail was allowed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 149--- Bail--- Common object---Vicarious liability---Scope---Question of vicarious liability is always to be seen by the Trial Court. 2010 SCMR 1219, 1986 SCMR 1232 and 2011 SCMR 902 ref. JUDGMENT AHMAD ALI, J.--- Through the instant petition, the petitioners (Mehboob-ur-Rehman, Atiqu-ur-Rehman and Arshad Aziz), seek their post arrest bail in case FIR No. 31 dated 10.02.2020, under sections 302/148/149, P.P.C. read with Section 15-AA KPK, Police Station, Chanjal (District Battagram). 2. Brief facts of the case are that the complainant Haq Nawaz Khan reported the matter to the local police to the effect that he was present in house when at 03:30 AM, his brother Niaz Muhammad Khan informed him from Abbottabad that their brother Abdul Latif has been murdered. On this information, he reached the house of Sarnawaz Khan and found the dead body of Abdul Latif, lying in a washroom. He charged accused Niaz-ur-Rehman, Saj eed-ur-Rehman, Saeed-ur-Rehman, Mehboob, Arshad and Attique ur Rehman for committing murder of his brother. Motive for the occurrence was disclosed to be previous quarrel which though was compromised. 3. Arguments of the learned counsel for the parties heard and record perused with their valuable assistance. 4. Perusal of record reveals that six persons have been charged for the commission of offence. The…

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