Law: Criminal Procedure Code (V of 1898)

Section: 497 , 302 , 34

  Criminal Procedure Code (V of 1898)-- ----S. 497---Penal Code (XLV of 1860), S. 302/34---Bail, grant of---Apparently there was no delay in lodging F.I.R.---Allegation of catching hold of deceased was prima facie substantiated by medical evidence---Sharing of common intention of one accused with the other accused could be appropriately dealt with at trial stage---Occurrence had taken place in the house of accused who had not made any report to charge any one for the murder---Reasonable grounds, thus, existed to believe that accused were guilty of the offence of murder in furtherance of their common intention and their case fell within the prohibitory clause of S.497(1), Cr.P.C.---Accused were refused bail in circumstances. Fazal v. The State 1986 PCr.LJ 1023 and Ali Akbar v. The State 1986 PCr.LJ 2874 distinguished. Ghulam Qadir v. The State PLD 1978 Pesh. 160 rel. Criminal Procedure Code (V of 1898)-- ----S. 497---Penal Code (XLV of 1860), S. 302/34---Delay of about two hours in lodging F.I.R. per se is no ground for granting bail for an offence involving capital punishment.--[Delay]. Mian M. Murad for Petitioners. K. G. Sabir, Bar-at-Law for the State. Date of hearing: 9th March, 1991. JUDGMENT Muhammad Younas and Fitrat Hussain, petitioners, stand charged with the murder by firing of Mst.Nagina their sister-in-law. They seek bail pending trial in this case. Briefly stated, facts of the case are that Mst.Nagina daughter of Mir Aman complainant was shot dead on 20-6-1990 at about noon time in the house of the petitioners and her husband Abdul Samad in village Gumbat. The complainant, who is father of the deceased, on receipt of information, lodged the report on the same day at 14-00 hours and on the basis of which a case was registered against the two petitioners under section 302/34, P.P.C. at Police Station, Saddar, Mardan. Mian Muhammad Murad, Advocate, seeks bail of the petitioners on the grounds: firstly, that there has been delay of more than two hours in lodging the F.I.R. because, according to Nurul Baz brother of the complainant, the occurrence had taken place before noon time, secondly, that it was an unwitnessed occurrence; thirdly, that no…