MUHAMMAD RAFIQUE vs State S — 2023 MLD 1528 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD RAFIQUE VS State S. 497---Penal Code ( XLV of 1860), Ss. 302 & 324---Qatl-i-amd, attempt to qatl-i-amd---Bail, grant of---Mere presence of accused at the place of occurrence---Record revealed that though the petitioner/ accused was nominated in the FIR, however, role of firing upon the deceased was not attributed to him but to another accused---First Information Report was also silent about the fact whether at the relevant time the petitioner/accused was present at the spot in armed condition or he was empty-handed---Mere presence of an accused at the time of commission of a crime was not enough to hold him responsible for commission of a crime unless the prosecution had succeeded in establishing that the petitioner/accused had also shared common intention or common object with the co-accomplice(co-accused) or had helped/facilitated him (co-accused)---Petitioner/accused, being empty-handed , could lend no help to his co-accused , rather he might have put himself in danger of being harmed by the other side had there been any retaliation or counter-attack by them---Whenever no overt act was ascribed to the accused, a lenient view was required to be taken towards the accused for granting him the concession of bail---Co-accused did not disclose that the accused was with him at the time of occurrence---Even the crime weapon had been recovered on the pointation of co-accused---Thus, no evidence, admittedly, was on record that the petitioner/accused had made firing upon the deceased---Trial Court would answer the question whether mere presence of the petitioner/accused at the place of occurrence could result into his conviction or not---Bail should not be ordinarily granted to an accused in a murder case where the trial had commenced, when there was a possibility of prejudicing the merit of the case, or there was a likelihood of abscondence of the accused---Holding of trial, at whatever stage, does not create bar in granting bail if the accused was otherwise found entitled---Case of the accused required further inquiry---Bail was allowed, in circumstances.

MUHAMMAD RAFIQUE vs State S — 2023 MLD 1528 QUETTA-HIGH-COURT-BALOCHISTAN

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