Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,504,34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 504 34---Qatl-i-amd, intentional insult with intent to provoke breach of the peace, common intention---Bail, grant of---Further enquiry---Allegation against accused was that he, on account of a matrimonial dispute, came to the house of complainant party along with another by riding on a motorcycle, abused the complainant party and his co-accused, who was armed with a pistol, made straight fire at the deceased (then alive)---No overt act was assigned to the accused---Accused at the time of commission of alleged offence had not played an active role---Vicarious liability could only be established after recording of evidence---Case of accused fell within the ambit of further inquiry as envisaged under subsection (2) of S. 497, Cr.P.C.---Accused was admitted to bail, in circumstances. Zoor Zameen Gul and another v. The State 2019 PCr.LJ Note 66; Sher Muhammad alias Shero v. The State 2019 MLD 1250 and Zaigham Ashraf v. The State and others 2016 SCMR 18 ref. ORDER ABDUL MAALIK GADDI, J.--- Through this application, Applicant Mumtaz Ali Solangi seeks his admission on post-arrest bail in Crime No.15 of 2019, registered at Police Station Jam Nawaz Ali, under sections 302, 504, 34, P.P.C. Earlier the plea of post-arrest bail preferred on behalf of the applicant was declined by the learned Additional Sessions Judge-I, Tando Adam by means of order dated 18.10.2019, hence this bail application. 2 As per prosecution case, there is matrimonial dispute between the parties. The allegation against the present applicant, is that on fateful day viz 29.04.2019 at 0545 hours, he along with co-accused by riding a motorcycle came at the house of complainant party and while abusing them co-accused Atta Muhammad, who was armed with a pistol, made straight fire from said weapon at Muhammad Moosa which hit him at left side of his abdomen and as a result thereof he succumbed in the way to hospital. Therefore, said FIR was lodged. 3 Learned counsel for the Applicant contended that Applicant is innocent and has falsely been implicated in this case by the complainant with mala fide intention and ulterior…

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