Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), Ss. 302/324/337-F (iv)148/149--Constitution of Pakistan, Art. 185(3)---Qatl-e-amd, attempt to commit qatl-e-amd, ghayr jaifah mudihah, rioting armed with deadly weapons, unlawful . assembly---Bail, grant of---Further inquiry---Contention of accused was that charge appeared to be an outcome of exaggeration as the entire family had been roped in, and that charge for inflicting an injury on the person of the complainant appeared to be doubtful when tampering in changing the nature of the injury from 'lacerated' to 'incised' was writ large on the face of the record--Validity---Accused was not charged for firing any shot at the deceased and was only charged for inflicting an injury on the head of the deceased with the sharp side of his hatchet--- Said injury in the first instance was mentioned as `lacerated' but then changed as `incised'---Question as to what was the nature of the injury; whether charge, in the matrix of the case could be held to be exaggerated; whether the accused in view of the role assigned to him, could be held to be vicariously responsible for the murder of the deceased, and whether accused could be awarded sentence in terms of imprisonment in view of proviso to 5.337-N(2), P.P.C., when as yet there was nothing on record to show that he was hardened, habitual, dangerous or desperate criminal, were questions requiring further inquiry---Accused had been in jail for almost 10 months, and such fact further tilted the scales of justice in favour of bail rather than jail---Contention of prosecution that an expression of opinion at bail stage might prejudice the case of either of the sides when the trial had commenced and was likely to be concluded within a couple of months, did not deter the Supreme Court from granting bail, when a case of further inquiry was made out---Supreme Court converted petition for leave to appeal into appeal, and allowing the same directed the release of the accused on bail. Agha Muhammad Ali Khan, Advocate Supreme Court for Petitioner. Syed Zia Hussain Kazmi, Advocate Supreme Court for the Complainant. Ch. Zubair Ahmed Farooq, A.P.-G. for the…

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