Law: Pakistan Penal Code (PPC),1860

Section: 109, 302, 324, 34

Law: Code of Criminal Procedure, 1898

Section: 497

Tagline

To sustain an allegation of abetment or conspiracy under criminal law, the prosecution must provide specific details such as the time, date, place, and witnesses of the alleged conspiracy; in the absence of concrete incriminating evidence, a mere generalized accusation in a supplementary statement constitutes a case of further inquiry, entitling the accused to post-arrest bail.

 Summary

1. Background & Allegations

The petitioner, Muhammad Nadeem, sought post-arrest bail in FIR No. 367/2023 registered at Police Station Shahzad Town, Islamabad, for offenses including murder (Section 302 PPC) and abetment (Section 109 PPC). The FIR was originally registered based on the statement of the victim, Mubashar Javed, who later succumbed to firearm injuries. In his statement (treated as a dying declaration), the deceased specifically named and attributed direct firing roles to co-accused individuals (Rizwan, Ahmed Yaseen, and Hassan) who intercepted and attacked him due to a grudge over a court marriage. The petitioner was neither named in the FIR nor in the victim's statement.

2. Implication of the Petitioner

Twelve days after the incident, the brother of the deceased (Mudassar Javed) recorded a supplementary statement implicating the petitioner, assigning him the role of an abettor/conspirator under Section 109 PPC. The petitioner was subsequently arrested. However, no weapon or direct incriminating physical evidence was recovered from him, as he was not present at the crime scene.