Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,302,324

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302 & 324/34---Bail, refusal of---Accused was named in F.I.R.---Accused along with his co-accused, not only had committed the murder of deceased, but also caused injuries on the persons of complainant and other injured prosecution witnesses who were three in number---All injured prosecution witnesses had fully implicated accused in their statements under S.161, Cr.P.C.---Accused remained proclaimed offender for a considerable period before his arrest and his co-accused were still at large and had been declared proclaimed offenders---Case was fixed for evidence---Complaint filed by accused against complainant was in progress but no process had been issued against complainant party---Contention raised by counsel for accused that injury on the person of co-accused could not have been caused as mentioned in F.I.R., could not be discussed in the bail petition because it was a matter of evidence and the Trial Court would determine same after recording the evidence of both the parties---Accused along with his co-accused with their common object had committed the murder of deceased and caused injuries to complainant and other injured prosecution witnesses---No case for grant of bail having been made of bail application was dismissed. THIS ORDER PASSED BY: KHAWAJA MUHAMMAD SHARIF, J.--- It is contended by learned counsel for the petitioner that he along with his three brothers and father has been falsely implicated in this case; that only allegation against him is that he gave three sota blows on the person of complainant which hit him on his arm, head and forehead; that he did not touch the deceased; that complainant had mentioned in the F.I.R. that co-accused real brother of petitioner Iqbal received injury from the hand of Abdul Haq who had fired at Amjad Saeed real brother of complainant which after piercing body of said Amjad Saeed hit Muhammad Iqbal co-accused who had held the deceased in Japha. Learned counsel for the petitioner drawn my attention to the diagram mentioned in the post-mortem report, which just has now been produced in the Court and submits that it could not have…

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