Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/324/114/148/149

(a) Criminal Procedure Code (V of 1898)     S. 497 Penal Code (XLV of 1860); Ss.302/324/1,14/148/149 Bail ¬Specific role of causing the death of the deceased by direct firing with a Kalashnikov had been attributed to the accused in the promptly lodged F.I.R. Prosecution witnesses including five injured persons, whose presence at the spot could not be doubted, had fully supported the prosecution case in their statements recorded under S.161, Cr.P.C. ¬Material available with the prosecution showing full involvement of the accused in the crime could not be overlooked on the plea of alibi based on some hospital record showing provisional diagnosis about the nature of ailment of accused as gastro enteritis Such plea of accused was still to stand the test of scrutiny during the trial and deeper appreciation of the same was not permissible at bail stage Court was not bound by the ipsi dixit of police and mere fact of the name of the accused having been placed in Column No.2 of the supplementary challan, though he was shown as an absconder in the original challan, could not ipso facto, make his case of two versions or of further inquiry Bail was refused to accused in circumstances.   1970 SCMR 299; 1982 SCMR 440; 1984 SCMR 429; 1997 SCMR 1829; 1977 SCMR 27; PLD 1974 SC 83; 1984 SCMR 221; 1996 SCMR 931; 1985 SCMR 1314; PLD 1998 SC 97; 1988 SCMR 1428; Nazar Muhammad v. The State and another PLD 1978 SC 236 and Safdar Abbas and 2 others v. The State PLD 1987 SC 467 ref.   (b) Criminal Procedure Code (V of 1898)     S. 497 Bail Application for Precedent No universal rule of application for the purpose of bail can be deduced from the decision of any particular case which can be pressed into service in each case.   Nazar Muhammad v. The State and another PLD 1978 SC 236 and Safdai Abbas and 2 others v. The State PLD 1987 SC 467 ref.   Abdul Sattar Kazi for Applicant.   Jawed Akhtar for the State. ORDER ANWAR ZAHEER JAMALI, J. This is an application under section 497, Cr.P.C. moved by the applicant Ghulam Akbar, who is facing trial in S.C. No.20 of 1998, arising out of Crime No.37 of 1998, Police Station Khanpur, for…

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