Law: Criminal Procedure Code (V of 1898)

Section: 497, 498

Criminal Procedure Code (V of 1898) Ss. 497 do 498-Bail Murder case-Accused committed to stand, trial on charge of murder to Court of Session-Commitment by itself sufficient to show that a prima facie case exists-Accused held, not entitled to bail. Muhammad Ayub v. Muhammad Yaqub and another P L D 1966 S C 1008 ref. Muhammad Shafiq v. Muhammad Hanif and another- 1970 SCMR143rel.   ORDER In an occurrence, which took place at Sangla Hill, in- the District of Sheikhupura, on 27th August 1969; at 3-00 p.m., one Sadiq Hussain is said to have been injured at the hands of the petitioner and his co-accused Muhammad Akram. The petitioner had a stick, whereas, Muhammad Akram was armed with a knife. The petitioner did not use the stick. He is alleged to have caught hold of Sadiq Hussain, when the latter was given knife blows by Muhammad Akram. 2. Report of the occurrence was lodged by the injured person himself, when his statement was recorded by Ghulam Sarwar Khan, Station House Officer, Sangla Hill, in the Civil Dispensary. 3. The injured person died on 30th August 1969. 4. The petitioner and his co-accused have been committed to stand trial in the Court of Session under section 302 read with section 34 of the Pakistan Penal Code. 5. It is contended by the learned counsel for the petitioner that the fatal injury was given to the deceased by Muhammad Akram and not by the petitioner. The latter has been involved on account of enmity. It is also contended that no prima facie case has been made out against the petitioner. His last conten tion was that the mere existence of an order of commitment for trial cannot be equated with a finding that there appear rea4on able grounds for believing that the petitioner was guilty of an offence, punishable with death or transportation for life. 6. The first contention that the petitioner. himself did not give the fatal injury, would raise a question as to what would be his constructive liability and that question can only be decided by the trial Court after According evidence. So far as the next two contentions are concerned, these were raised by the learned counsel presumably on the basis of a judgment of the Supreme Court…