Law: Criminal Procedure Code (V of 1898)

Section: 54,173,497,497(2)

Law: Pakistan Penal Code, 1860

Section: 302

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302---Bail, grant of-Accused was not named in the F.I.R. rather he was shown as the informer of the presence of the dead-body in a factory---Another accused suspected as murderer of the deceased in the F.I.R. on the basis of strong motive had been exonerated by complainant and he, later on had involved the present accused---Complainant, had stated that extra-judicial confession had been made by accused before him and other witnesses admitting that he had killed the deceased after committing rape with her, but the Chemical Examiner's report did not support the version of the complainant---No other incriminating material was available on record against the accused---Case of accused, thus, demanded further probe and he could not be denied concession of bail---Accused was admitted to bail accordingly. Waris Muhammad v. Haji Ahmad Yar and another 1976 SCMR 182; Nawab and another v. The State 1975 PCr.LJ 1270; Sultan Ahmad and others v. The State 1979 PCr.LJ 26; Shakil Ahmad v. The State 1997 MLD 1565; Bashir Ahmad v. The State 2004 PCr.LJ 35; Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585; Muhammad Saleem v. The State PLD 1989 Lah. 233 and Tariq Bashir and 5 others v. The State PLD 1995 SC 34 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)-Penal Code (XLV of 1860), S. 302---Bail---Case of further inquiry---Principle---When a case of further inquiry is made out, bail cannot be refused to an accused just on the ground of the start of trial. Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585 and Muhammad Saleem v. The State PLD 1989 Lah. 233 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302---Bail---Benefit of doubt at bail stage---Principle---Ultimate conviction and incarceration of a guilty person can repair the wrong caused by the mistaken relief of interim bail granted to him, but damage to an innocent person caused by arresting him, though ultimately acquitted, would be always beyond repair---Whenever reasonable doubt arises regarding the participation of an accused person in the crime or about…

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