Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302/324/440/109/148/149

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/324/440/109/ 148/149--No overt-act--Vicarious liability--Post arrest bail--Grant of--Role attributed to petitioner is that he made fire shot of 12 bore pistol, which hit on tyre of car--No other overt-act is attributed to petitioner--Vicarious liability of petitioner shall be determined by learned trial Court after recording of evidence--Mere heinousness of offence could not impede release of accused on bail if otherwise his guilt calls for further probe, nor bail could be withheld as a strategy of punishment--Petition is accepted.   [P. 337] A, B C 2022 SCMR 1444; 2019 SCMR 1914; 1996 SCMR 1125; 2011 SCMR 902; 2017 SCMR 116 ref. JUDGMENT Petitioner Muhammad Zafar, has carved for bail after arrest in case FIR No. 1005 dated 05-07-2022 registered under Sections 302, 324, 440, 109, 148, 149, PPC at Police Station City Jampur, District Rajanpur. 2. Succinctly, the facts of the case gleaned out from the contents of crime report are that the petitioner and his co-accused, in furtherance of their common object, formed an unlawful assembly, launched murderous assault upon the complainant party, and committed murder of the complainant’s mother and injured his sister Phaphal Mai as well as brother Amanullah. Hence, the above-mentioned FIR. 3. I have mused over the arguments advanced by the learned counsel for the petitioner and learned Deputy District Public Prosecutor assisted by learned counsel for the complainant assiduously and perused the record minutely with their able assistance. 4. After going through the narration of FIR and evidentiary material collected by the police and presented before this Court, it divulges that role attributed to the petitioner is that he made fire shot of .12 bore pistol, which hit on the tyre of the car, except this no other overt-act is…

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