Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 302,324,34,107,109

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 302/324/34/107/109---Qatl-e-amd, attempt to commit qatl-e-amd, common intention, abetment---Interim pre-arrest bail, confirmation of---Accused was named in the promptly lodged F.I.R. but no overt act was ascribed to him, and the only allegation against him was that of hatching of conspiracy/ abetment---Complainant had failed to mention any specific time, date and place of hatching of conspiracy by the accused and his co-accused---Prerequisites of provisions of S.107, P.P.C. to constitute the offence of abetment were not made out from the reading of the F.I.R.---Complainant had stated in the F.I.R. that one month prior to the occurrence, two prosecution witnesses had informed him that accused along with his co-accused had hatched a conspiracy to murder the complainant and his sons, but the question was why the complainant kept silent for such a long time, i.e. till the occurrence had taken place--- Accused and his co-accused were involved in litigation against each other and in such circumstances both of them joining hands and hatching a conspiracy qua the commission of the offence, seemed superstitious and was sufficient to discard the same---Mala fides were apparent from the facts and circumstances of the case---Bail petition of accused was allowed and ad interim pre-arrest bail already granted to him was confirmed, in circumstances. Syed Amanullah Shah v. The State PLD 1996 SC 241; Malik Muhammad Ishaq v. The State and others 2011 SCMR 1350; Ajmal Khan v. Liaqat Hayat and another PLD 1998 SC 97; Syed Muhammad Firdaus and others v. The State 2005 SCMR 784 and Meeran Bux v. The State and another PLD 1989 SC 347 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.498---Penal Code (XLV of 1860), S. 109---Abetment/conspiracy---Interim pre-arrest bail, confirmation of---Principles---Case of a conspirator or abettor not present on the spot stands at a lower footing than that of the accused instigating his companion to commit the crime being himself present on the spot---Accusation of abetment/instigation/ conspiracy can very easily be set up when parties are inimically dispersed…

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