Law: Criminal Procedure Code (V of 1898)

Section: 169,497(5),497(2),561-A

Law: Pakistan Penal Code, 1860

Section: 302,302(34)

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497(5) & 497(2)---Penal Code (XLV of 1860), Ss. 302/34---Qatl-e-amd, common intention---Application for cancellation of bail---Further inquiry---Perusal of F.I.R. revealed that accused (co-accused) had neither been charged therein nor he had been shown to be present at the spot at the time of occurrence--- No particular role had been assigned to the accused, except for the fact that he had family relations with the co-accused---Participation of accused in the commission of the crime required further inquiry into his guilt, which could only be determined after recording evidence at trial---Application for cancellation of bail was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497(5), 561-A & 169---Penal Code (XLV of 1860), Ss. 302/34---Qatl-e-amd, common intention---Application for cancellation of bail granted to accused on his personal bond---Release of accused when evidence deficient---Scope---Quashing of order---Record of medical treatment of accused revealed that he was under treatment for some problem in his kidneys, on basis of which Station House Officer (SHO) released the accused on bail after obtaining his personal bond---On submission of challan accused had been placed in column No.3 of the challan, as a regular accused, and in his remarks SHO had stated in the challan that accused had been released on bail due to his renal disease---Such remarks of SHO made it clear that accused had not been termed as innocent nor any report under S.169, Cr.P.C. had been prepared in his favour---Accused had been directly charged for effective firing on the deceased and occurrence was witnessed by two eye-witnesses---During investigation, blood-stained earth was taken into possession from the place of occurrence and one crime empty was also recovered from the place of the accused---Postmortem report of deceased supported the version of the F.I.R.---Prima facie case existed against the accused, and in absence of finding of innocence of the accused, SHO on his own, could not release the accused, on obtaining his personal bond---SHO or officer-in-charge of investigation could only…

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