Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302/34

Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13

(a) Criminal Procedure Code (V of 1898)--- ---S. 497(2)---Scope and applicability of S.497(2), Cr.P.C.---Considerations for grant of bail in cases not falling within the prohibitory clause of S.497, Cr.P.C., were different from that of the cases falling under said clause---Bail in cases involving punishment of death or imprisonment for life or for a term of 10 years, was not ordinarily granted, unless the court, on the basis of tentative assessment of the evidence in the hand of prosecution, formed an opinion that the guilt of accused would require further inquiry in terms of subsection (2) of S.497, Cr.P.C.---No general rule existed for grant of bail on the ground of further inquiry, rather the scope of further inquiry in each case depended upon the facts and circumstances of that case---Provision of subsection (2) of S.497, Cr.P.C. could attract in the case of no evidence or the evidence direct or circumstantial was not confidence inspiring or the evidence was not of the standard to sustain conviction, or there was no possibility of ultimate conviction on the basis of evidence brought on Police file or the case was of doubtful nature or on such other ground which could be considered sufficient for further inquiry into the guilt of an accused. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.302/34---West Pakistan Arms Ordinance (XX of 1965), S.13---Northern Areas Council Legal Framework Order, 1991, Art.19-A---Bail, grant of---Further inquiry---In the present case apart from direct evidence of eye-witnesses, the abscondence of accused persons and recovery of the arms allegedly used by them in the occurrence had been brought on record---Medical evidence was not available to ascertain the cause of death---Fire-arm Expert's opinion regarding the recovered weapon was not part of record, whereas the eye-witnesses had assigned to all accused persons, the same role of combined firing at the deceased---Tentative assessment of evidence in the hand of prosecution would show that the case against accused persons was not distinguishable from that of their co-accused who had since been discharged---Case of accused, in circumstances,…

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