Law: Criminal Procedure Code (V of 1898)

Section: 161,497(1),498

Law: Pakistan Penal Code, 1860

Section: 109,302

Criminal Procedure Code (V of 1898)--- ----S. 498--Penal Code (XLV of 1860), Ss.302 & 109---Bail before arrest, grant of---Delay of seven days in lodging F.I.R. having not been explained, false involvement of accused on account thereof could not be ruled out---Complainant had ample time for consultation and premeditation before lodging F.I.R., which had created doubts regarding the authenticity of prosecution case---Only charge levelled against accused was that of abetment, but in F.I.R. it was not mentioned as to where and in whose presence abetment was made by accused---No motive had been assigned to accused who were females and their case was covered under proviso to subsection (1) of S.497, Cr.P.C.---No recovery had to be effected from accused and since the investigation was complete, sending accused behind the bars would not serve any purpose---Portion of the F.I.R. relating to the "Karwai Police", had revealed that father of deceased had reported the matter to the police as one of suicide on the day of occurrence---Prima facie not enough evidence was available on record against accused to connect them with the commission of murder of deceased---Ad-interim pre-arrest bail already granted to accused was confirmed, in circumstances. THIS ORDER PASSED BY: TARIQ SHAMIM, J.--- The petitioners seek bail before arrest in case F.I.R. No. 370, dated 2-7-2006 for offences under sections 302, 109, P.P.C. registered at Police Station Sukheke District Hafizabad. 2. The brief facts of the case are that Shafaqat Ali accused fired at Nusrat Bibi which hit her on the heart as a result of which she died at the spot. It is alleged that the occurrence was committed with the connivance and as a result of abetment of the petitioners. 3. Learned counsel for the petitioner contended that the petitioners were falsely involved in the case on account of mala fide of the complainant; that there was no motive assigned to the petitioners for the abetment of the offence alleged against them; that. there was no eye-witness of the alleged against them; that there was no eye-witness of the alleged occurrence and that there was a delay of 7 days in lodging of the F.I.R., hence there was…

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