Raja vs State S — 2026 YLR 615 KARACHI-HIGH-COURT-SINDH

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Raja VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302(b), 452, 109 & 34---Qatl-i-amd, house-trespass after preparation for hurt, assault, or wrongful restraint, abetment, common intention---Bail, grant of---Further inquiry---Allegation against the accused-applicants were that they entered into the house of complainant and committed murder of her son by firing--- Perusal of the record revealed that although the applicants were nominated in the FIR, the fact remained that no specific role of firing upon the deceased had been attributed to them---According to the prosecution's own case, it was co-accused who allegedly fired the shot that caused the death of the deceased, whereas the applicants were only assigned the role of providing cover to the main accused---Mere presence of an accused at the scene of occurrence was not sufficient to hold him responsible for the commission of the offence unless the prosecution succeeded in establishing that he shared acommon intention or common object with his co-accused, or that he otherwise facilitated the commission of the crime---Since the applicants were allegedly empty-handed at the time of occurrence, they could not have rendered any effective assistance to the principal accused---On the contrary, applicants might have exposed themselves to potential harm had there been any retaliation or counter-attack from the other side---Where no overt act was ascribed to an accused, a lenient view should be taken in the matter of bail---Allegations against the present applicants were limited to the assertion that, at the time of the incident, they provided cover to the principal accused during the commission of the offence---Moreover, it had been alleged that a dispute had arisen over a monetary transaction between co-accused and the deceased---Present applicants were the brothers of the said co-accused---Tentative and prima facie assessment of the material available on record indicated the involvement of the applicants/accused in the alleged offence; however, the precise extent of their participation could only be determined after the recording of evidence from both sides---Until such determination, the case of the present applicants/accused squarely fell within the ambit of further inquiry as contemplated under S.497(2), Cr.P.C.---Bail application was allowed, in circumstances.

Raja vs State S — 2026 YLR 615 KARACHI-HIGH-COURT-SINDH

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