Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497(2)---Penal Code (XLV of 1860), S.302/34---Constitution of Pakistan (1973), Art. 185(3)---Bail---No overt act was allegedly ascribed to the accused except of ineffective firing which also stood disproved because no empty was recovered from the spot---Fatal shot was attributed to co-accused and the question of vicarious liability of accused could be determined at the. trial---Case against accused, thus, required further inquiry as contemplated by S.497(2), Cr.P.C.---Petition for leave to appeal was accordingly converted into appeal and the accused was admitted to bail. ORDER SH. RIAZ AHMED, J.---The petitioner seeks leave to appeal against the order, dated 10-7-1998 delivered in Criminal Miscellaneous No.3411-B of 1998 whereby the bail application moved by the petitioner in a case registered against him under section 302/34 of P.P.C. for causing murder of Abid Mohsin deceased was rejected. 2. The brief facts leading to the institution of this petition are that Raza Mohsin moved an application before the S.H.O., Garden Town, which became basis of the F.I.R. The complainant stated that he was a practising advocate and was resident of Babar Block, Garden Town, Lahore. On 18-3-1998 at about 5-00 p.m. younger brother of the complainant was standing outside his house alongwith his friend Haider Shah. At that time, Raja son of Sufi Akram resident of Babar Block passed that way in a motor car bearing Karachi registration number at a very high speed playing music deck of the car at a high volume. Deceased Abid Mohsin told Raja to drive slowly and to play the music at a low volume. In response thereto, Raja and his companions started hurling abuses. Haider Shah forbade them from doing so and Raja and his companions left the scene declaring that if they were again forbidden, they would kill them. Shortly thereafter, the complainant/petitioner also came out of the house and deceased and Haider Shah appraised him of the incident; They were busy in conversation when Raja returned to the place of occurrence in the same car armed with a pistol accompanied by a gunman carrying a pump action gun and another friend of Raja was armed with…

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