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‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Bail‑‑ Accused was only alleged to have caught hold of the deceased at the time of occurrence when co‑accused had stabbed the deceased with a "Chhuri " on his chest‑‑ No overt act had been committed by the accused and his intention was yet to be determined .at the trial‑‑‑Fatal blows were attributed to co‑accused‑‑‑Bail was allowed to accused in circumstances. 1995 SCMR 310; 1994 SCMR 393 and 1978 SCMR 357 ref.                                                                                                                                                                  ORDER Present applicant is facing trial under section 302/34, P.P.C. registered with Police Station Jackson, Karachi. He has been sent up to face trial alongwith co‑accused namely and respectively Anwar and Yousuf. Brief facts of the case are that on 8‑5‑1999 Muhammad Amin son of Amir lodged F.I.R. stating therein that he is residing at the address given in the F.I.R. having a shop at Jackson Bazar, adjacent to his house where his cousins Anwar Hussain and Abdul Hussain are residing. Anwar Hussain is working with him at the shop but on the day of incident he alongwith labourer were filling other plot which is on short distance from his house. At about 3‑15 p.m. a person namely Arif knocked his door and told him that Yousuf and his brothers are quarrelling with Anwar Hassan on which he and Arif went there and saw that Yousaf, Qassim and Anwar were beating his cousin and Bakhtiar is disengaging them. His cousin ran after getting freed himself from them. Yousaf and Qasim caught hold of deceased Anwar Hassan and Anwar co‑accused stabbed him with Churri which hit his chest and he fell down. Yousuf and his brothers…