Law: Criminal Procedure Code (V of 1898)

Section: 497(2),497(5)

Law: Penal Code (XLV of 1860)

Section: 302/324/147/148/149/34

(a) Criminal Procedure Code (V of 1898) S. 497(2) Bail, grant of Consideration of counter version Further inquiry Counter version could only be considered if it would provide some substantial ground for further inquiry into the guilt of accused. (b) Criminal Procedure Code (V of 1898) S. 497(5) Penal Code (XLV of 1860), Ss.302/324/147/148/149/34 ¬Bail, cancellation of Deceased was not present at place of occurrence when fight between the parties started, but he came there to rescue his father prom clutches of accused party Even if complainant party was the aggressor, it could not be said that deceased was a member of complainant party present at time of occurrence because he arrived at the place of occurrence after fight had started Could not be said at bail stage that either deceased was an aggressor or was a member of aggressor party or for that matter any right of self defence or defence of property was available to accused against deceased at the time of occurrence ¬Trial Court had pointed out some contradictions in statements of prosecution witnesses, but those were not sufficient to bring case of accused within scope of further inquiry Accused being responsible for inflicting fatal blow that caused death of deceased, was not entitled to concession of bail, but Trial Court while granting bail to accused had ignored said fact Order granting bail to accused passed by Trial Court being incorrect was set aside and bail allowed to accused, was cancelled. Nazir Ahmed Khan and 3 others v. The State Criminal Appeal No. 12 of 1997 ref. (c) Criminal Procedure Code (V of 1898) S. 497 Bail, grant of Principles While deciding a bail application. Court had to make a tentative assessment of material available on record and any deeper appreciation or detailed scrutiny of prosecution evidence was not admissible at bail stage because any expression of opinion could prejudice, case of either party. Abdul Hameed Keremi for Petitioner. Ghulam Mustafa Mughal for Non Petitioner. Ejaz Gilani for the State. ORDER This revision petition is directed against the order of District Court of Criminal Jurisdiction, Muzaffarabad, dated 3-6 1998, whereby the non petitioner was allowed…

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