Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Incident occurred at 11:20 hours, whereas the matter was reported at 13:40 hours and the Police Station was situated at a distance of 3/4 kilometers from the spot---Though the deceased then injured was allegedly taken to the Civil Hospital and first aid was provided, but surprisingly the Medico-Legal Report was not prepared and the deceased was allegedly referred to D.H.Q Hospital---Where the deceased was initially taken, it had its own reporting center, but the matter was not reported there---Complainant introduced one constable, who allegedly asked the injured regarding the culprits and that the deceased then injured disclosed the petitioners as the culprits, but the said Constable when examined under S.161, Cr.P.C, did not mention the same---Record was silent regarding the initial examination of the deceased then injured and his capability to talk---No denial to the fact that the deceased received one firearm injury for which two real brothers were charged and it was yet to be determined by the trial Court that whose fire shot proved fatal, as the injury caused did not commensurate with the number of accused---Petitioners were admitted to bail, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Benefit of doubt---Scope---Benefit of doubt if arising out of the attending circumstances of the case could be looked into to favour the accused at bail stage. Muhammad Faisal v. the State and another 2020 SCMR 971 rel. (c) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Tentative assessment---Scope---While seized of bail matters, tentative assessment is to be made and deeper appreciation is not warranted---However, it is equally true that bail applications cannot be decided in vacuum and the Court seized of bail matter should apply its judicial mind to the collected evidence brought before it, so as to avoid miscarriage of justice. Zaigham Ashraf v. The State and others 2016 SCMR 18 rel. JUDGMENT SAHIBZADA ASADULLAH, JUSTICE:---.--- The petitioners after having…

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