Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302(b), 324, 109, 34

Criminal Procedure Code (V of 1898) S. 497---Penal Code (XLV of 1860), Ss. 302(b), 324, 109 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, common intention---Bail, grant of---Further inquiry---Allegations against the accused-petitioner were that on his direction his co-accused son committed murder of the son of complainant by firing---Perusal of the record depicted that the effective role of firing and causing death of the deceased and ineffective firing upon the complainant and other witness had been attributed to co-accused who was not the petitioner herein---Allegation against the accused-petitioner was that he raised lalkara, however, no overt act had been attributed to him by the complainant in the commission of offence---At the time of occurrence, the present accused-petitioner had not been shown armed, therefore, the question whether he shared common intention with co-accused in commission of offence and whether he was vicariously liable for the act of his co-accused was to be answered by the Trial Court during trial after recording evidence---In such state of affairs, the case of accused-petitioner had become one of further inquiry entitling him to the concession of bail---Bail petition was allowed, in circumstances.             Date of hearing: 27th May, 2024.                                                                                                              Judgment        Ijaz Anwar, J.---Through instant bail application, accused petitioner Shoaib Jan son of Aziz Khan seeks his release on bail in case FIR No. l94 dated 03.04.2024 under sections 302/324/109/ 34 P.P.C at Police Station city, District Kohat. 2.    On 03.04.2024 at 19:15 hours, Mst. Firdos Bibi while present in the casualty of KDA hospital with the dead body of her son namely Muhammad Akash…