Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 148,149,302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 148 & 149---Bail, refusal of---Case was of promptly lodged F.I.R. in which accused had been named with a specific role of causing fire-arm injuries to deceased---Medical evidence also supported ocular account---Stand of counsel for accused that during investigation it transpired that accused had not actively participated in the occurrence, stood belied by the record produced by counsel for State-Case of co-accused who was admitted to bail by the Court below was distinguishable from the case of accused as during investigation, it came to light that co-accused had not actively participated in the occurrence and had only abetted his co-accused for the commission of offence, whereas case against accused was that of active participation in the occurrence---Principle of consistency was not applicable in the circumstances of the case---No ground for bail having been made out, bail application was dismissed. THIS ORDER PASSED BY: MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.--- Seeks post arrest bail in case F.I.R. No.562 of 2005, dated 19-12-2005 for the offence under sections 302/148/149, P.P.C. registered at Police Station, Shukheke, District Hafizabad. 2. In brief the case of prosecution as penned in the F.I.R. is that on 19-12-2005 at 4-15 p.m., petitioner who was armed with rifle along with his co-accused who were also armed with fire-arms in furtherance of their common intention had committed the murder of Ghulam Shabbir, Haider Abbas and Naqi Hassan as well as caused injuries to Ayub Haider. Precise allegation against the petitioner is that he along with co-accused namely Intizar Hussain had caused fire-arm injuries to Ghulam Shabbir deceased. 3. During the Investigation petitioner was arrested on 15-2-2006. Application of the petitioner seeking post-arrest bail was dismissed by Additional Sessions Judge, Pindi Bhattian, vide order, dated 3-6-2006, hence this petition. 4. Bail is sought on the grounds that prosecution has thrown its net too wide to implicate…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492