Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Criminal Procedure Code (V of 1898) S 497-Bail, grant of---[Murder-case]--Fatal head injuries of deceased attributed to co-accused while petitioners responsible only for causing simple injuries to prosecution witnesses--Case of petitioners, held, required further inquiry as envisaged under S. 497(2) of Criminal Procedure Code-Petitioners allowed bail, in circumstances.                                                                                                                                                          ORDER The four petitioners Yousaf, Zaman, Yara and Ismail who alongwith two others namely Ilahi and Jalla are being prosecuted under sections 302, 322 read with section 149 and section 148 of the Pakistan Penal Code, have come up to this Court for bail after it was declined by a learned Additional Sessions Judge, Sargodha vide order dated the 5th January, 1981. 2. According to the F. I. R. Ilahi and Jalla co-accused gave a stick blow each on the head of the deceased while the petitioners belaboured Karam Ali and Muhammad Nawaz F. Ws. Yara and Ismail petitioners also gave a blow each on the arm and the shoulder of the deceased. The motive was a dispute over the distribution of funeral charges. 3. The learned counsel for the petitioners submits that the F. I. R. was delayed and lodged after deliberations. The occurrence was an outcome of a sudden quarrel on a petty matter and the story of ambush is false. The injuries suffered by the deceased and the witnesses could well have been caused by just one or two persons while practically all the…