Law: Criminal Procedure Code (V of 1898)

Section: 497(5) , 435/439 , 302/34 , 307/34

Criminal Procedure Code (V of 1898)--- ---Ss. 497(5) & 435/439---Penal Code (XLV of 1860), Ss. 302/34 & 307/34---Suo Motu Revision, cancellation of bail---Accused alongwith other two co-accused was identified in identification parade by mother and injured brother of deceased child leaving no room for even a remote possibility of false involvement of accused---Principal 4ccused might not have succeeded in stabbing deceased child if accused and his co-accused had not overpowered deceased for which reason bail application of co-accused had already been rejected and there was no valid reason that co-accused should remain in custody and present accused having been assigned identical role should remain on bail simply on the ground that he had not misused his liberty since his release on bail---Case was of very heinous nature in which an unsuspecting small child was over powered by two persons and knifed to death by their accomplice---Bail allowed to accused by lower Court was cancelled in circumstances. Muhammad Ismail v. Mohammad Rafique and another PLD 1989 SC 585 and Ameeruddin v. The State PLD 1977 SC 602 ref. K.M. Nadeem Asstt. A.-G., Sindh and Mohammad Ashraf Kazi for Respondent. Khawaja Naveed Ahmed for the Complainant. ORDER The circumstances under which this Criminal Suo Motu Revision arises arc that a six year old boy was murdered in his own house on 12-5-1988 and FIR of the case was lodged by his father the same day under section 302 and 307, PPC according to which three persons, Aslam Khan, Adnan Ansari and Rehan were known to the complainant and his family and often played with the sons of the complainant when the complainant was living at the U.K. Apartments. Subsequently, the complainant had shifted to Gulshan-e-Iqbal about six months prior to the incident. Injured Jehangir, who is also a son of the complainant, had stated that the three accused boys came to the house of the complainant where they met injured Jehangir and asked him to call his younger brother Umer and thereafter they asked the two sons of the complainant to show them their bed room. According to injured Jehangir, he apprehended no danger at the hands of the three boys and took…