Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 364/302/354/171---Kidnapping or abducting in order to murder, qatl-e-amd, assault or criminal force to woman with intent to outrage her modesty, wearing garb or carrying token used by public servant with fraudulent intent---Bail, grant of---Further inquiry---Accused and co-accused persons were alleged to have entered the complainant's house, whereafter they allegedly abducted complainant's mother at gun-point and subsequently murdered her---Contentions of the accused were that he had been falsely involved in the case due to deep-rooted enmity between the parties; that there was an unexplained delay of three days in registration of F.I.R.; that only role ascribed to him was that he remained present at the gate of the house when the occurrence took place; that one of the co-accused who had remained an absconder had been allowed bail; that all the persons nominated in the F.I.R., except for the accused and one co-accused, had been acquitted from the case on the basis of compromise; that nothing was recovered from him during his physical remand, and that he remained in jail in connection with some other case and was not transferred to the concerned police station for investigation of present case---Validity---Although accused was nominated in the F.I.R. but the only role attributed to him was that he remained present at the gate of the house when the occurrence took place---Accused remained on physical remand for 14 days but nothing was recovered from him during investigation---Investigation revealed that accused was not present at the place of occurrence---Admitted deep-rooted enmity existed between the parties and false implication of accused could not be ruled out---Question of accused's abscondment could be determined by the Trial Court---Co-accused who had remained an absconder was allowed bail---Investigation of the case was complete and accused was no more required for further investigation---Case was one of further inquiry and accused was released on bail accordingly. Allah Dad and 2 others v. The State PLD 1978 SC 1 ref. (b) Criminal Procedure Code (V of 1898)---…

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