Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302, 497

Criminal Procedure Code (V of 1898), S. 497 and Penal Code (XLV of 1860), S. 302-Murder-Bail-Accused committed to stand trial for murder-Ordinarily commitment satisfies conditions laid down in S. 497, Cr. F. C. for disallowing bail. Date of hearing : 16th November 1971.                                                                                                                                         ORDER MUHAMMAD YAQUB AEI, J.-The petitioners who are charged under section 302 read with section 34, P. P. C. applied to the High Court for bail during the pendency of the inquiry under Chapter 18 of the Code of Criminal Procedure. The prayer was refused as one of the petitioners was alleged to have caused grievous injuries to the deceased and it could not be said at that stage that they were not vicariously liable under section 34, P. P. C. It was urged before the learned Single Judge that the two eye-witnesses were closely related ; that one of the recovery witness had not supported the prosecution case ; that the medical evidence has contradicted the prosecution version that Ramzan, petitioner, had caused an injury on the shoulder of the deceased ; and that there was no motive for the petitioners to kill the deceased. In the opinion of the learned Judge it was premature at that stage of…