Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,324,147,148,149

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 147, 148 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, common object---Bail, grant of---Rule of consistency---Scope---Accused along with others were alleged to have committed the offences falling within the mischief of Ss.302, 324, 147, 148 149, P.P.C.---Accused were nominated in the FIR---Four witnesses in their statements under S. 161, Cr.P.C., had implicated the co-accused with the allegation of firing upon the deceased and witnesses---Said co-accused was granted bail by the High Court---Role assigned to the accused was the same---Rule of consistency was applicable to the case of accused---Mere involvement of accused in the offence punishable with capital sentence falling within the ambit of prohibitory clause of S. 497(1), Cr.P.C. did not disentitle the accused for concession of bail---Bail application was allowed, in circumstances. Ashfaq Ahmed alias Goga v. The State 2014 YLR 954 and Haday Khan v. State 2019 YLR 96 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Benefit of doubt---Scope---Benefit of doubt can be extended to accused even at bail stage. Muhammad Faisal’s case 2020 SCMR 971 rel. ORDER ABDUL HAMEED BALOCH, J.---Through this orderintend to dispose of above pre-arrest bail application filed by the applicants in case FIR No. 31 of 2019, registered under sections 302, 324, 147, 148, 149 Pakistan Penal Code (P.P.C.) with Police Station Dalbandin District Chagai. 2. Precise facts of the case are that on 23rd June, 2019 case FIR No. 31 of 2019, under sections 302, 324, 147, 148, 149, P.P.C. was registered with Police Station Dalbandin District Chagai on the report of complainant Abdul Salam alleging therein on the said date at about 9:15 p.m. after performing Isha prayer his cousin Nabi Bakhsh came out of the Masjid and loudly talking with any one, on which he came out of the Masjid and found that accused Khair Shah was loudly speaking with his cousin. It was further alleged that meanwhile his other relatives also rushed over there, on which the accused Aziz Shah, Habib Shah and Maqbool Shah started…

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