QADIR BUX versus THE STATE
Section 497 Criminal Procedure (XLV of 1860), Section 302/379 Crimes Against Property (Enforcement Hood) Ordinance (VI 1979), Section 14 bail accused and accomplices were overturned by co-accused after committing theft. While the accused and the co-accused were involved. It is not possible to say at this point that the co-accused had a common intention to kill the victim during the same transaction, since the theft was being pursued at a considerable distance from where the theft was committed. The common intention could be to commit theft which has already happened. The accused was neither equipped with firearms nor fired on the victim. Another accused accused was released on bail by trial.
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