Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/34

Criminal Procedure Code (V of 1898) S. 497-Bail-First Information Report lodged with delay--No injuries attributed, to accused-Accused arrested after a long time-Parties on inimical terms---No weapon recovered carom accused---Two out of three prosecution witnesses interested and related to deceased-Case of accused petitioner for sharing common intention with main accused having to be determined by trial Court, case, till then, held, a case for further inquiry entitling accused to bail---Penal Code (XLV of 1860), S. 302/34. Basharat Hussain v. Ghulam Hussain 1978 S C M R 357; Muhammad Iqbal v. State 1979 P Cr. L J Note 67 at p. 44; Shahid Iqbal v. State 1976 P Cr. L. J 758 and Nazir v. State 1978 S C. M R 285 ref.                                                                                                                  ORDER In this application bail is urged on behalf of two accused persons, namely, Bakht Ali and Mohammad Azim. The learned counsel for the applicants has stated that be does not press the bail plea in respect of Muhammad Azim against whom it is alleged that he has caused fatal injuries to the deceased. Bail plea is urged only in respect of accused Bakht Ali against whom the case of the prosecution is that he had caught hold of deceased to facilitate attack by co-accused Mohammad Azim with a dagger. There are three eye-witnesses who are named in the F. I. R. Incident is stated to have taken place in the Barrow Pits of Takar Pahari at about 10-00 a.m. on 11th April, 1980. The report of the incident is said to have been lodged on 12th April, 1980 at 10-00 a.m. after delay of about twelve hours when the distance between the Police Station and the spot is stated to be three miles. The learned A.A.-G. opposes the bail plea for the treason that it is the case of prosecution as stated in the F. I. R. that the deceased was taken away by the two accused persons including…