Law: Criminal Procedure Code (V of 1898)

Section: 173,497,497(2)

Law: Pakistan Penal Code, 1860

Section: 109,148,149,302,324

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/ 324/ 148/ 149/ 109--- Qatl-e-amd, attempt to commit qatl-e-amd, abetment---Bail, refusal of---Accused joined by his co-accused had committed a gruesome offence being armed with deadly weapons and gunned down seven persons at the festivity ceremony of "Rasm-e-Hina" of brother of the complainant---Indiscriminate firing by accused did not make any distinction between their foes and strangers and even killed an electrician at the spot, who was busy in installating decoration lights on the house and had nothing to do with the rivalry between the parties---Some other persons present in the street had also received firearm injuries as a result of said firing by the accused---Accused was a hardened and desperate criminal who along with the co-accused had turned a joyous festival into a wailing scenario within no time---Complainant had also been murdered when co-accused had absconded---Case of accused was hit by the exceptional clause of the fifth proviso to S.497, Cr.P.C.---Bail was declined to accused, in circumstances. Mashkoor v. The State 2009 PCr.LJ 110 and Wajid Ali v. The State 2009 PCr.LJ 275 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/ 324/ 148/ 149/ 109---Qatl-e-amd, attempt to commit qatl-e-amd, abetment---Bail, grant of---Accused along with his co-accused had allegedly hatched up a conspiracy and abetted their co-accused to commit the main occurrence---Time, date and place of conspiracy and the names of the witnesses of conspiracy were not mentioned in the F.I.R.---Two witnesses had been produced by the complainant before the Investigating Officer one month after the occurrence in support of abetment against the accused, but none of them had explained the reason for the silence for such a long period---Value of statements of the said witnesses would be assessed at the trial---Case against accused required further inquiry within the meaning of S. 497, Cr.P.C.---Accused was admitted to bail in circumstances. THIS ORDER PASSED BY: SHAHID HAMEED DAR, J.--- I intend to dispose of Criminal Miscellaneous No.9099-B of 2011…

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