S. 9(a)(vi)--- Corruption and corrupt practices--- Common intention/abetment by public servant---Scope---Section 9(a)(vi) of National Accountability Ordinance, 1999 covered crimes committed with common intention as well as abetment ---Public servants who abetted the commission of corruption by allowing acts which it was their duty to stop should be proceeded against under S.9(a)(vi) of National Accountability Ordinance, 1999. 2014 SCMR 585 SUPREME-COURT
S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324, 109, 148, 149, 337-F (iii) & 120-B---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, attempt to qatl-i-amd, abetment , rioting armed with deadly weapons, unlawful assembly, ghayr-jaifah-mutalahimah, criminal conspiracy---Bail, grant of---Further inquiry---Plea of alibi---Non-presence of accused at scene of occurrence accepted by the prosecution---Accused was initially implicated by the complainant for being present at the crime scene and directly firing at the deceased---During course of investigation, it was discovered that accused was in prison for some other offence at the time of the occurrence---As a result the charge sheet filed in the Trial Court contained Ss.109 & 120-B, P.P.C., meaning that the prosecution itself had relied upon the plea of alibi of the accused, and only charged him for abetment of the crime and criminal conspiracy, contradicting the stance of the complainant---Presence of accused at the crime spot at the time of commission of the crime, thus, stood excluded---Keeping in view the two conflicting versions; one given by the complainant in the FIR and the other by the investigating agency based on documentary evidence with regard to the plea of alibi, the case of the accused became one of further inquiry, falling within the ambit of S. 497(2), Cr.P.C.---Accused was granted bail accordingly. (2016 SCMR 18 SUPREME-COURT)
S. 497(2)---Penal Code (XLV of 1860), Ss.302/324/427/109/ 148/149---Constitution of Pakistan, Art. 185(3)---Qatl-e-amd, attempt to qatl-e-amd, mischief causing damage, abetment and rioting---Bail, grant of---Version of State and complainant---Distinction---Further inquiry---Accused was nominated in F.I.R. but no specific injury to any person had been attributed to him and only generalized and collective allegation was levelled against him---Investigating agency had reached at definite conclusion that accused was not even present at the scene of crime at relevant time and had provided behind-the-scene abetment to his co-accused for commission of alleged offence---Accused had been recommended for trial only in respect of an offence under S.109, P.P.C.---Prosecution itself had two versions vis-a-vis the accused, first was of complainant party according to which accused was present at the spot and had resorted to firing and second of investigating agency according to which accused was not present at the spot and he was abetting his co-accused behind the scene---Such considerations render the case against accused one of further inquiry into his guilt---Bail was allowed.
(2012 SCMR 1137 SUPREME-COURT)
S. 497(2)---Penal Code (XLV of 1860), Ss.302/324/34---Qatl-e-amd, attempt to commit Qatl-e-amd and abetment ---Bail, grant of---Further inquiry---Accused (father) was charged for commanding co-accused (son), who had gone into hiding and had been charged for firing effective shot at the deceased---Whether the role assigned to accused was result of exaggeration to rope him in, so that he may not be at large to pursue litigation; whether accused's stay in the village despite being named in F.I.R. could be held to be more consistent with innocence rather than guilt when co-accused had gone into hiding and whether the role of commanding attributed to accused who himself was armed with Kalashinkov could be held to be ornamental or at par with abetment , were questions calling for further inquiry---Accused's petition for leave to appeal was converted into appeal and allowing the same he was admitted to bail. (2012 SCMR 265 SUPREME-COURT)
Allegation of abetment (Conspiracy) against the petitioner in case u/S. 302/34/109 PPC. Petitioners were not present at the time of occurrence. Held, allegation of prosecution would be scanned at the proper time. Bail allowed. PLJ 1996 Cr.C. (Lah.) 1526, Suleman etc.
Allegation of instigation to murder, bail granted by Sessions Court but cancelled by High Court. Held, when bails are granted for lalkara to commit crime, and whenever reasonable doubts arise about participation in crime, accused should not be deprived of benefit of bail. Bail allowed. PLJ 1996 S.C. 414, Syed Aman Ullah Shah.