Law: Pakistan Penal Code, 1860

Section: 302,324,148,149,109

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Anti Terrorism Act, 1997

Section: 7

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 324, 148, 149, 109---Bail, grant of---Alibi, plea of---Scope---Petitioner, who was named in the F.I.R. along with four co-accused, was attributed fatal shot---Petitioner was behind the bars since his arrest on 28-10-2004---Right from the first day, petitioner had raised plea of alibi to the effect that on the day of occurrence he was out of Pakistan---Petitioner was declared innocent in successive police investigations---Petitioner's bail application was dismissed by Court of Session on 16-2-2006---Validity---Petitioner's plea of alibi was verified by the passport and exist entry thereon--Normally Courts were reluctant to consider plea of alibi at bail stage but this consideration was not a principle of universal applicability---In appropriate cases where a strong and authentic plea of alibi was raised without loss of time, superior Courts could extend concession of bail to the accused---Even in case of capital charge bail could be granted on plea of alibi---Ipsi dixit of police was though not binding on Courts but still police investigation based on cogent and tangible material was a relevant consideration for grant of bail---Complainant's contention that since trial had commenced, bail could not be granted was devoid of force---Commencement of trial or likelihood that it would commence shortly would not deter Court from granting bail to accused who otherwise deserved same on merit---Petitioner's case being of further inquiry under S.497(2), Cr.P.C. bail was granted to him. Khalid Javaid v. The State PLD 1978 SC 256; Malik Noor Ahmad and others v. The State PLD 1993 Lah. 500; Iqbal Ahmad and 2 others v. The State 1989, PCr.LJ 2122 and Ajmal Khan v. Liaqat Hayat PLD 1998 SC 97 rel. ORDER M. BILAL KHAN, J.---Arshad Mehmood (Muhammad Arshad) son of Ch. Ghulam Rasool, the petitioner, seeks post-arrest bail in case F.I.R. No.633 of 2002 dated 16-11-2002, registered at Police Station Saddar Mandi Baha-ud-Din, for offences under sections 302, 324, 148, 149, .109, P.P.C. read with section 7 of the Anti-Terrorism Act, 1997. 2. The case of the prosecution as it unfolded in the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492