Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,311,324,452,365,337-A(ii),148,149

(a) Criminal Procedure Code (V of 1898)----S. 497---Penal Code (XLV of 1860), Ss. 302, 311, 324, 452, 365, 337-A(ii), 148 149---Qatl-i-amd, house-trespass, kidnapping or abducting with intent secretly and wrongfully to confine person, rioting armed with deadly weapons, unlawful assembly---Bail, refusal of---Allegations against the accused as to his involvement in the crime were supported by the statements of witnesses recorded by the investigating officer under section 161 of the Code of Criminal Procedure 1898 (Cr.P.C.), which included the statements of the injured witness, and three female residents of the house where the incident took place, in addition to the statement of the complainant whose son had died in the incidence---Incident was further supported by the footage recorded on the CCTV camera of a neighbouring house---Sufficient incriminating material was thus available on the record of the case to connect the accused with the commission of the alleged offences---Accused, therefore, had no case for grant of bail under subsection (2) of section 497, Cr.P.C.---In the facts and circumstances of the case the accused was not entitled to the relief of bail even if the question of his vicarious liability for the offence of qatl-i-amd was left to be determined in trial---Petition for leave to appeal was dismissed, leave was refused, and accused was refused bail. (b) Criminal Procedure Code (V of 1898)----S. 497---Bail---Vicarious liability, question of---Although the question of vicarious liability of an accused can also be looked into at the bail stage and it is not an absolute rule that it must always be left to be determined in trial. Nazar Muhammad v. State PLD 1978 SC 236; Muhammad Rashid v. State 1979 SCMR 92; Asandas v. State 1975 SCMR 237 and Ghulam Nabi v. State 1996 SCMR 1023 ref. (c) Criminal Procedure Code (V of 1898)------S. 497(1)---Bail---Offences that do not fall within the prohibitory clause of section 497(1), Cr.P.C.---Exceptions to grant of bail in such offences---It is true that in such offences, bail is to be granted as a rule, but not as of right---Bail can be refused in such offences when the case of the accused falls within any of the…

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