Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 148,149,187,188,201,000

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 201, 148 & 149---Bail, grant of---Further inquiry---Benefit of doubt---F.I.R. was lodged in the case with an inordinate delay of about two months---Dead body of deceased had not been recovered---No medical evidence was available 'against accused---Glaring contradictions on the part of complainant, had raised many questions about the genuineness of claim of complainant made in F.I.R.---Accused during investigation were found innocent---Accused, though in a subsequent investigation had been found guilty of offence, but benefit of doubt on the basis of contradictory opinions of police, even at bail stage, could be given to accused---Prosecution had failed to prove that accused remained fugitive from law---No incriminating article had been recovered at the instance of accused during investigation---Accused were not previous convicts---Mere registration of cases against accused in past without any conviction could not be made a ground for refusing bail to accused---Case of further, inquiry having been made out in favour of accused, they were entitled to bail as a matter of right---Start of the trial would not become an impedement in the way of accused to get post arrest bail---Accused were allowed bail, in circumstances. Muhammad Islarnil v. Muhammad Rafiq and another PLD 1989 SC 585; Muhammad Saleem v. The State PLD 1989 Lah. 233; Zulfiqar Ali. v. The State 1987 MLD 1608 and Munir v. The State 2002 MLD 712 rel. THIS ORDER PASSED BY: HASNAT AHMAD KHAN, J.--- Both the petitioners have sought post-arrest bail in case F.I.R. No. 105, dated 11-12-2005 registered at Police Station Bangla Achh, Distt. Rajanpur in respect of offences under sections 302/201/148/149, P.P.C. 2. Precise allegation against the petitioners levelled in the F.I.R. registered at the instance of Nathu Khan complainant is that on 16-10-2005 his brother, namely, Maid Khan went to visit his in-laws; that the complainant was informed by Rasool Bukhsh and Chandi P.Ws. that on 18-10-2005 while passing near the house of Badla co-accused the said P.Ws. heard shrieks corning from the said house upon which they saw…

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