Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 148,149,302

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/148/149---Qalt-e -amd---Bail, grant of---Further inquiry---As per own showing of the complainant in the F.I.R., accused was empty-handed at the spot at the relevant time---Role alleged to accused . in the incident was that of Lalkara, but attribution of Lalkara was not to accused alone, but was also to his co-accused---Was yet to be seen, in circumstances, that in fact what was the nature of his Lalkara, if at all, it could be taken to be so-Investigation Officer had opined that accused along with other co-accused was not present at the spot at the time of occurrence---Ipse dixit of Police though not binding upon the court, but it was a relevant circumstance to be taken into consideration while determining the question of grant or otherwise of bail---Such circumstances, definitely would leave room to entertain doubt qua involvement or participation of accused in the matter and benefit of every doubt, even at. bail stage was to be given to accused---Question of liability or vicarious liability of accused in the matter was to be determined at trial---Case of accused, in circumstances, was covered under subsection (2) of S.497, Cr.P.C. calling for further inquiry into his guilt---Accused was behind the bars for the last four months and as his case had been found to be one of further inquiry into his guilt, he had become entitled to bail as of right and could not be detained unnecessary---Accused having succeeded to make out a case for grant of bail, he was admitted to bail, in circumstances. Munawar v. The State 1981 SCMR 1092; Karamat Ali v. Haji Muhammad Hussain and 4 others 1993 PCr.LJ 2112; Abid alias Abi v. The State 1995 PCr.LJ 1558; The State v. Ghulam Rasool and another 2001 PCr.LJ. 295; Muhammad Arshad v. The State 2006 SCMR 966; Majeed Ahmad alias Abdul Hameed v. The State 2008 YLR 2247; Muhammad Rafique and 4 others v. The State through Advocate-General 2008 PCr.LJ 351 Shariat Court (AJ&K) and Abdulllah Shah v. The State and two others 2009 PCr.LJ 561 ref. THIS ORDER PASSED BY: CH. IFTIKHAR HUSSAIN, J.--- Petitioner Sabir Hussain by way of the instant petition…

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