Law: Criminal Procedure Code (V of 1898)

Section: 497,497(5)

Law: Pakistan Penal Code, 1860

Section: 34,302,324,337A(ii)

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.302/324/34---Qatl-i-amd---Bail, refusal of---Contention of counsel for accused was that a cross-case was registered on behalf of accused party under S.337-A(ii), P.P.C. and it was not known as to which of the parties was aggressor---Validity---Every cross-case could not entitle accused for concession of bail---Such was not a rule, but discretion and other attending circumstances were also to be taken into consideration---In the present case the attending circumstances had gone against the accused---Prima facie, single injury had been caused to the deceased as per medical report and contents of F.I.R.---Accused was charged for firing on the deceased and had also been attributed, in the F.I.R., firing of one single shot---Such was a sufficient evidence to connect accused with the offence, unless it was rebutted during the trial---Plea of self-defence, seemed to .be an afterthought because while lodging cross-case, accused party had omitted to take that plea in their report---Such-like pleas, could be raised during trial and not at bail stage---Ocular evidence was against the accused and in support of prosecution stand---Incident was a daylight occurrence and the chance of misidentification stood eliminated---Active participation of accused was proved on file---Death of deceased was the result of one shot and that shot had been attributed to accused by giving him a specific role---Report was also lodged with reasonable promptitude and mere filing of cross-case would not benefit the accused---Accused, was not entitled to bail in circumstances. Nazir Ahmad v. Muhammad Ismail and another 2004 SCMR 1160; Zarghun Shah, v. The State and another 2004 PCr.LJ 127 and Ehsan Akbar v. The State and 2 others 2007 SCMR 482 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.497(5)---Penal Code (XLV of 1860), Ss. 302/324/34---Qatl-i-amd---Cancellation of bail, petition for---Principles for grant of bail and cancellation thereof are altogether different---Complainant was required to make out a case for cancel lation by bringing material on record, that either accused who was granted bail had…

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