Law: Criminal Procedure Code, 1898

Section: 497(2)

Criminal Procedure Code, 1898 (V of 1898)- —-S. 497 (2)-Bail-Futher inquiry-Offence of u/S. 302/34 PPC-Allegedly petitioner exhorted his brother to fire at deceased (lady) and thereafter latter had fired at her and consequently she died at the spot-No other role qua deceased has been ascribed tc him-Hence, question of his sharing common intention with his co-accused in murder of deceased is to be gone into at time of trial-His case, therefore, is covered under sub­section (2) of S. 497 Cr.P.C. requiring further inquiry into his guilt-He is behind bars and stated to be previous non-convict-Bail granted. [P. 501] A & B Date of hearing: 15.4.2003.                                                                                                                              order Piran Ditta, the petitioner has sought for post-arrest bail in case FIR No. 304 dated 28.7.2002 u/S. 302/34 P.P.C. registered with Police Station Saddar Alipur, District Muzaffargarh. 2.            Briefly the prosecution case as per FIR is that on 28.7.2002 at about 9.00 p.m. Allah Ditta armed with .12 bore gun and Piran Ditta (petitioner) in furtherance of their common intention had committed the Qatl-e-Amd of Azeema Mai deceased. Piran Ditta had exhorted his brother Allah Ditta to fire at Mst. Azeema Mai. Allah Ditta then made straight fire on her hitting on her front side of the neck and mouth, who fell down and succumbed to her injuries at the spot. 3.            The motive behind the occurrence is that the co-accused Allah Ditta had suspicion of illicit relations of her deceased wife Ms?. Azeema Mai   with one Allah Wasaya. On that account they had committed her Qatl-e-Amd. 4.      It has been contended on his behalf that he…