Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Pakistan Penal Code, 1860

Section: 302

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 302---Qatl-e-amd---Bail, grant of---Further inquiry---Fatal injury attributed to the co-accused only---Accused only alleged to be present at the place of incident with weapon---Accused having made no firing---No overt act attributed to the accused---Effect---Participation of accused in the commission of offence required further inquiry, in circumstances---Accused was admitted to bail. Muhammad Sadiq v. State 1996 SCMR 1654 and Muhammad v. State 1998 SCMR 454 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, right of---Abscondence of accused---Effect---Right of bail could not be refused merely on account of his abscondence which was a factor relevantonly to propriety---Where accused was entitled to bail on merits, his mere abscondence would not come in his way. Qamar alias Mitho v. State PLD 2012 SC 222 rel. THIS ORDER PASSED BY: ABDUL RASOOL MEMON, JUSTICE:---.--- By this order, I would like to dispose of an application under section 497, Cr.P.C. filed on behalf of applicant Hussain Bux Marfani who is booked in Crime No.21 of 2006 of Police Station, Jaggan at Hamayoon to face his trial under section 302, P.P.C. 2. Learned counsel for the applicant has contended that the main injury has been attributed to co-accused Mubarak alias Triminti and Muhammad with Kalashnikovs while presence of present applicant is shown at the place of wardat being armed with gun and there is no allegation of any sort that he used gun even for aerial firing. He has contended that in a case of Muhammad Sadiq v. State (1996 SCMR 1654) and Muhammad v. State (1998 SCMR 454) though the accused were armed with weapon but did not make any fire, were granted bail by the honourable Supreme Court. He prays that the involvement of the applicant and sharing his common intention in the commission of the alleged offence is a matter of further enquiry. He prays for grant of bail. 3. Miss Rubina Dhamrah, learned State counsel has contended that name of the applicant appears in the F.I.R. He was accompanied with principal accused Mubarak alias Triminti being armed with gun and went to the place of…

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