Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.302, 324, 148 & 149---Qatl-e-amd, attempt to commit qatl-e-amd, rioting, common object---Interim pre-arrest bail, confirmation of---Accused was an Advocate of High Court, and it would certainly be a case of humiliation, if a person belonging to an honourable profession, was sent behind bars, particularly when on merits, his case for bail was made out---F.I.R., showed two allegations against accused, firstly, he was member of that nine member group; and secondly after deceased had been murdered, other co-accused with intention to kill, fired at other members of the complainant party, but they by falling down evaded the fire---Was yet to be seen that "others" who fired at other members of the complainant party had the intention to kill or merely to cause scare---No specific role of any of the "others" was stated in the F.I.R. or even in the statement of witnesses recorded under S.161, Cr.P.C.---Accused being entitled to bail, his interim pre-arrest bail was confirmed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 324, 148 & 149---Qatl-e-amd, attempt to commit qatl-e-amd, rioting and common object---Bail, refusal of---Allegation against co-accused in F.I.R. was that he made Repeater and Rifle fire on deceased, who raised cries and fell down---Co-accused was said to be of 71 years of age---Mere oldage was not a ground sufficient for grant of bail---Whether the Mashirs were reliable and truthful or not, what was the distance from which fire was made; and what did recovery of cushion wad mean, were the issues which required deeper appreciation of evidence and such an exercise could not be undertaken at the stage of bail---Contention that it was tendency that entire family was involved, was also not relevant for the case against said co-accused because allegation against him was that he along with one co-accused fired at the deceased; and in the F.I.R. itself, it was stated that deceased had received injuries on the front of his head, on forehead, on eyes, on right hand and leg---Prima facie there seemed to be…

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