Latest bail authority by supreme court on bail of murder allowed to abetor (Mujjan Ali Panhwar )
----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 148, 149 & 109---Qatl-i-amd, providing abetment to co-accused for murder---Bail, grant of---Further inquiry---Three separate investigations were conducted and all the investigating officers had concurred in their opinion that the accused was not present at the spot at the time of the occurrence and that he was merely a facilitator or an abettor of his co-accused as regards the murder in issue---Resultantly the report submitted under S. 173, Cr.P.C. imputed abetment qua the accused and he had been opined to be guilty of an offence under S. 109, P.P.C. only---Shifting stands of the complainant vis-a-vis the role played by the accused during the occurrence rendered the case against the accused to be a case calling for further inquiry into his guilt within the purview of subsection (2) of S. 497, Cr.P.C.---Accused was admitted to bail accordingly.
(b) Criminal Procedure Code (V of 1898)---
----S. 497(2)---Bail---Case of further inquiry into guilt of accused---Abscondment of accused--- Effect--- Person absconding after an occurrence and declared as a proclaimed offender may lose his claim to exercise of discretion in his favour by a court of law on the basis of propriety but at the same time it was equally true that an accused person involved in a case calling for further inquiry into his guilt was to be admitted to bail as a matter of right---Whenever a question of propriety was confronted with a question of right the latter must prevail.
Ibrahim v. Hayat Gul and others 1985 SCMR 382; Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182; Qamar alias Mitho v. The State and others PLD 2012 SC 222 and Ehsan Ullah v. The State 2012 SCMR 1137 ref.
2016 S C M R 1520
[Supreme Court of Pakistan]
Present: Asif Saeed Khan Khosa and Manzoor Ahmad Malik, JJ
MUHAMMAD ASLAM---Petitioner
Versus
The STATE and others---Respondents
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