Law: Criminal Procedure Code (V of 1898)

Section: 497(1) , 302/34/109

  Criminal Procedure Code (V of 1898)-- ---S.497(1)--Penal Code (XLV of 1860), S.302/34/109---Words "reasonable grounds" empower Court to adjudicate upon factual aspect of case and to look into material collected by police i.e., F.I.R. and, statements of prosecution witnesses recorded under S.161, Cr.P.C. as well as other evidence collected during investigation to form tentative opinion if reasonable grounds exist for believing that accused is responsible for commission of offence punishable with death or imprisonment for life or for ten years---Such words presuppose appreciation of material referred to above, though tentatively, at a bail stage in order to find out whether there are reasonable grounds to connect accused with the commission of crime. Criminal Procedure Code (V of 1898)-- ---S.497(2)---Penal Code (XLV of 1860), S.302/34/109--Bail--Material so far collected by police prima facie did riot connect accused with commission of crime as there was reasonable possibility that accused might not have shared the common intention with the principal accused, as he was not armed and did not raise any Lalkara, nor any overt act was attributed to him--Accused, although was seen with principal accused on a bicycle, yet according to F.I.R. principal accused all of a sudden took out a pistol and fired at deceased--Accused might not be aware that principal accused had a pistol with him--Principle of vicarious liability could not thus be invoked against accused and case against him needed further inquiry and he was entitled to bail as a matter of right under S.497(2), Cr.P.C.- Accused was admitted to bail in circumstances. 1974 PCr.LJ 473; P L D 1983 Pesh. 37; 1985 PCr.LJ 1564 and 1985 PCr.LJ 451 ref. Sardar Muhammad Ishaq Khan for Petitioner. Malik Rab Nawaz Noon and Amber Tajwar for the State. Date of hearing: 18th September, 1989. JUDGMENT Petitioner Nasrullah has applied for the grant of bail in a case registered against him and two others under section 302/34/109, P.P.C. at Police Station Banni, vide F.I.R. No-151, dated 27-4-1989. According to the F.I.R. the allegations levelled against the accused persons are that on 27-4-1989 at 11-00 a.m. the…