2021 SCMR 1802
Criminal Procedure Code (V of 1898)---
---S. 497(2)---Penal Code (XLV of 1860), S. 302(b)---Constitution of Pakistan, Art. 185(3)---Bail, grant of---Further inquiry--Accused along with four other persons was alleged to have held onto the accused, where after the co-accused fired on the deceased's forehead Accused was assigned role of a facilitator by holding the deceased alongside four others---Question was whether in the facts and circumstances of the case as alleged by the complainant himself, such facilitation of holding onto the deceased was at all required, that too, without incurring fatal risk of being unintendedly hit by the shot fired by the co-accused in the darkness---As such accused's culpability required further probe within the contemplation of subsection (2) of S. 497, Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed, and accused was granted bail.
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