Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302/324/148/149/109

Criminal Procedure Code (V of 1898)---   ----S. 497(2)---Penal Code (3CLV of 1860), Ss. 302/324/148/149/109--¬Bail, grant of---Further inquiry---Accused did not cause any injury to the deceased as he died because of fire-arm injury, while the accused was allegedly armed with Sota---Precise allegation against the accused was that he caused simple injuries to the prosecution witnesses, but according to Medico-Legal Report prosecution witnesses had received one injury each---Accused who was aged about 70/75 years though was present at place of occurrence, but he did not participate in the occurrence in any manner and no recovery had been effected from him---Accused had not premeditated the offence and it was the complainant party who had come to the land which was admittedly in possession of the accused party and was in dispute---Question of vicarious liability of the accused would be determined by the Trial Court after recording of evidence---Injuries attributed to the accused were simple in nature and question whether he shared common intention with the other accused, needed further probe and inquiry within purview of S.497(2), Cr.P.C.---Accused was granted bail.   Syed Shahbaz Ali Rizvi for Petitioner.   Muhammad Ibrahim Farooq for the State.   Date of hearing: 3rd July, 2001. ORDER FaizMuhammad son of Kaloo, petitioner, seeks his post-arrest bail in a case F.I.R. No.5 of 2001 dated 12-1-2001 registered under sections 302/324/148/149/109, P.P.C. at Police Station Chobara, District Layyah, on the statement of one Altaf Hussain. 2. Eight persons including three females were named as accused in the F.I.R. Subsequently, the female accused were found innocent. 3. According to the allegation leveled in the F.I.R. the accused had forcibly taken over the possession of the land regarding which there was a dispute between the parties. On the fateful day, according to the F.I.R., the complainant alongwith five others had come towards the deserted land situated. near the land, which was in dispute, and as the accused apprehended that the…

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