Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 457, 380, 427, 411, 337-H (2), 148 & 149--Bail, grant of--Occurrence was result of a murder--Delay of three months--In the case 67 persons were nominated out of them 60 persons were specifically nominated--Declared innocent by police--Involvement of many persons as accused made the prosecution case doubtful--No recovery--Unexplained delay--No evidence qua involvement of the accused that of ocular evidence against so petitioner are still behind the bars and certain are not even arrested--Petitioner was no more required to police for further investigation--Offence does not full within prohibitory clause of S. 497,Cr.P.C.--No useful purpose would be served to keep the petitioner in jail for indefinite period--Bail was admitted. THIS ORDER PASSED BY: SH. NAJAM-UL-HASSAN, JUSITCE---.--- Petitioner seeks post-arrest bail in F.I.R. No. 153 dated 25.5.2004 under Sections 457/380/427/411/337-H(2)/148/149 P.P.C. registered at Police Station Qila Didar Singh, Gujranwala. 2. Precisely the prosecution story is that on 16.2.2004 thirty four persons entered into the house of the complainant looted all house hold articles while detaining them in the room and thereafter these persons went to the houses of relatives of the complainant and also looted their articles and put on fire their houses. Occurrence was the result of a murder which has taken place in the same village on 14.2.2004 in which the relative of the petitioner and other accused was murdered, and as such the case was registered on 25.5.2004 after delay of three months. 3. Learned counsel for the petitioner submits that there is unexplained delay of three months in lodging of F.I.R. which creates doubt in the prosecution case; that in this case 67-persons have been nominated out of them almost 60-persons were specifically nominated, many persons have been declared innocent by the police. It is not instantly possible to remember their names, that the case was registered due to enmity which is duly mentioned in the F.I.R, itself. Further submits that the petitioner was arrested in this case on 13.10.2009 and during…

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