Law: Criminal Procedure Code (V of 1898)

Section: 497

(i) Criminal Procedure Code (V of 1898}— ------- S. 497 (1) Proviso—Minor — Grant  of bail to — Petitioner aad others resorting to firing at complainant party in furtherance of common intention of unlawful assembly for putting them to death-­Held . Mere fact of petitioner being less thaia 16 years of age at dm^ of commission of offence to confer no right upon him to be re.'sas<?C; on bail under Proviso to S. 497 (1)—Held further : Crimsasl :-v.; f killing deceased having been attributed, petitioii&r not to b<? • -^tVi-io' to bail. [P. 387M (ii) Criming :rroc*«cire Cod^  V of 1898)— ------- Si. 497 & 498—Bail—Refusal of—No specific injury to any perse.-. from ccmplainant party attributed to petitioner by firing—Petitions; beiag icic:brf of uclawfv.l assembly firing at complainant party  in . '-f  -05LT:o?»  ideation — Held : Prima facie petiiioner facie peti: no; to b*. ibs"tved ex' coastructive liability in commission of oSfcace of murder acd attempt to murder in case.   [P. 387J5 QKDFJfc This application has been filded on behalf of the petitioner with the P?aysr that ttey ce released on bail in a case pending in the District Cnnxt*; Court, Mirpur, against them, under Sections 5, 14/15, Islamic Psna: !.^'- a* read with Sections 302/307, 14S/149 A,P.C.  :ae» leading to the filing of the prese&t application are ^•'..->: *>a>j ^si-haitsjAiad Khan, the complainant, got his statement recorded c-i- ,-,'•!?<-'2 at Police Station, Bhimber in which it was alleged that at sec-..i 3-,'JG A.M. he alongwtth his two sons, Aurangzeb and Purvez Akls.ar, was sitting in a hotel of one Muhammad Zaman near the Toll Post, 'Bbimber. The petitioners alongwith Muhammad Rashid, Ali. Asghar, Rafique, Muhammad Nawaz, Nasim and four other persons from" Pakistan started firing at them with fire-arms from outside of the hotel which resulted in the death of Purvez Akhtar on the spot by a gun-shot fired by Javed Aslam accused-petitioner with a 12-bore gun and grievous…