Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/324/109/34

(a) Criminal Procedure Code (V of 1898)--- ---S. 497---Penal Code (XLV of 1860), Ss.302/324/109/34---Bail--¬Police opinion, relevancy of ---Ipsi dixit of police, no doubt, is not binding upon the Court, but the same is a relevant circumstance to be taken into consideration while deciding the question of grant or otherwise of bail. Dr. Muhammad Aslam v. The State 1993 SCMR 2288, Muhammad Shabbir v. The State 1997 PCr. LJ 1570; Muhammad Rafique v. The State 2003 PCr.LJ 1151 and Maqsood Javed v. The State 2001 PCr.LJ 2065 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/324/109/34---Bail--¬Finding of innocence in favour of accused by the police and existence of a report of discharge from the case registered against them had made their case one of further inquiry into their guilt as contemplated by S.497(2), Cr.P.C.--- Ipsi dixit of police although was not binding upon the Court, yet it was a relevant circumstance to be considered while deciding a bail matter---Accused were admitted to bail in circumstances. Dr. Muhammad Aslam v. The State 1993 SCMR 2288; Muhammad Shabbir v. The State 1997 PCr.LJ 1570; Muhammad Rafique v. The State 2003 PCr.LJ 1151 and Maqsood Javed v. The State 2001 PCr. LJ 2065 ref. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, JUSTICE:---.--- Rasheed Ahmad, Idrees and Ahmad Sher, the petitioners through the instant petition have sought for post-arrest bail in case F.I.R., No. 79, dated 12-3-2002 under sections 302/324/109/34, P.P.C. registered with Police Station Saddar Burewala, District Vehari. 2. Briefly the prosecution case as per F.I.R. is that on 12-3-2002 Mst. Umtal Bibi along with her husband Ali Ahmad took her ailing son Sarfraz to city Burewala for his treatment. After getting treatment to him they boarded motorcycle Riksha driven by Liaqat Ali for proceeding towards their house. The said Riksha at about 9 p.m. when reached the metalled road P.I link within the area of 517/EB, Rashid Ahmad with pistol, Idrees with pistol along with an unknown person with pistol were sitting therein ambushed behind the wall. They came out from there. Rashid Ahmad made straight fire with pistol at Ali Ahmad…

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