Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302/201/34--Bail--Grant of--Further inquiry--Prayer for--There was an unexplained delay of 22 days in lodging FIR wherein petitioner was not named--Involvement of petitioner on same days upon a supplementary statement of complainant at least prima facie did not appeal to reasoning and seemed to be improbable--Role attributed to petitioner in supplementary statement was that of facilitating commission of murder by catching hold of deceased--His son has been shown as principal accused--False implication of petitioner on account of his relationship with principal accused cannot be ruled out--Question of versions liability can only be determined during course of trial and that too after recording prosecution evidence--Petitioner has made out a case of further inquiry within parameter of S.497 Cr.P.C--Petition allowed. THIS ORDER PASSED BY: PERVAIZ INAYAT MALIK, JUSITCE---.--- Faiz Muhammad son of Fazal petitioner seeks post arrest bail in case FIR No. 133/08 dated (not mentioned in the body of the petition and according to photo copy of FIR and other material available on the record is 17.5.2008) for offences under Sections 302/201/34 PPC registered at Police Station Choti District Dera Ghazi Khan. 2. It is inter-alia contended that petitioner is neither named in the FIR nor identification parade has been held; that there is unexplained delay of about 22 days in lodging the FIR; that nothing has been recovered either from the petitioner or on his pointation and so called recoveries have been planted upon him; that he is in the judicial lock up for the last about one year and no more required for investigation purpose; that although challanhas been submitted yet the conclusion of the trial is not insight in future; that there is no substantial evidence connecting the petitioner with the alleged occurrence; that it is witnessed occurrence and lastly prays for grant of bail. 3. Conversely, learned Deputy Prosecutor General assisted by learned counsel for the complainant opposes this petition and submits that on the same day few hours after registration of the FIR, in…

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