Law: Pakistan Penal Code, 1860

Section: 302,34

Law: Criminal Procedure Code (V of 1898)

Section: 161,497(2)

Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), Ss.302 & 34---Bail, grant of---Complainant, in the present case, had never claimed to be an eye-witness of the alleged occurrence and instead he had nominated two eye-witnesses in the F.I.R. who had allegedly seen two persons committing the murder of complainant's brother---Both the said nominated accused persons were found by the Police to be innocent in the investigation, and resultantly, the file of the case was consigned to the record after closing the investigation---Alleged occurrence had taken place on 23-3-2001 and after more than four years of the occurrence complainant ventured to make a supplementary statement before the Investigating Officer on 23-6-2005 maintaining therein that he had by then come to know that it was some other person (petitioner) who had, in fact, committed the murder of his brother which murder had been seen by two witnesses (newly introduced)---Newly introduced eye-witnesses happened to be a brother of the complainant besides being brother of the deceased and the other witness happened to be a son of the complainant and nephew of the deceased---Such closely related eye-witnesses had kept quiet in the matter for more than four years and had come forward to implicate the accused/petitioner in the murder for the first time through their statements recorded under S.161, Cr.P.C. on 24-6-2005 which was intriguing---Accused/petitioner apparently had no motive to commit the alleged murder and there was nothing available on record to connect the brick recovered in the case with the alleged offence or with the petitioner ---Challan had by now been submitted against the petitioner before the Trial Court and he was languishing in judicial lock-up---High Court observed that, in the circumstances of the case, it was nothing but outrageous that the Prosecution Branch had thought it fit to forward a challan against the petitioner, and District Attorney had found it appropriate to submit such a challan before the Trial Court, and the Trial Court had deemed it proper to take cognizance of the case and refused bail to the petitioner after finding reasonable grounds…

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