Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/148/149/109---Qatl-e-amd, rioting armed with deadly weapons, unlawful assembly, abetment---Bail, grant of---Further inquiry---Unseen occurrence---Accused and co-accused persons were alleged to have murdered the deceased, whose body was found lying on the bank of a canal---No one was charged in the F.I.R. and occurrence was unseen---Accused was subsequently nominated in the case but there was nothing on record which could connect him with the offence---Although reference was made to the mobile data collected from mobile belonging to accused to connect him with the offence, but in the absence of any text of the said data, accused could not be said to be involved in the commission of the offence---Involvement of accused in the commission of the offence called for further probe---Accused was released on bail accordingly. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---The accused petitioner seeks his release on bail in case F.I.R. No.740 dated 19-7-2012 Police Station Pahari Pura, Peshawar under sections 302/ 148/149/109, P.P.C. after refusal of the said concession from the forum below. 2. According to the F.I.R. on 19-7-2012 the local police of Police Station Pahari Pura received information that a dead body is lying at the bank of canal in Pakha Ghulam Garhi Rahim Dad. On receipt of such information, the police rushed to the spot and found the dead body of deceased Sharif there where the complainant, brother of the deceased, reported the matter at 7-00 hours that his deceased brother Sharif on 17-7-2012 at 15-00 hours went out from his house and did not come back and charged unknown accused for commission of murder of his brother. Later on, on 23-8-2012 and 27-8-2012 the complainant in his statements under section 164, Cr.P.C. charged accused Khan Agha, Noor Agha, Haidar, Zrawar, Luqman alias Pehlawan (petitioner), Sher Ghani, Mst. Anwar Sultana and Mst. Aisha for the murder of his brother. 3. Learned counsel for the petitioner argued that the F.I.R. was lodged by complainant against unknown persons but later…

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