Law:

Section:

(a) Bail----Bail cannot be withheld as punishment. Abdul Malik v. The State PLD 1968 SC 349 and Manzoor and 4 others v. The State PLD 1972 SC 81 ref. (b) Bail--- ----Ipse dixit of police is not binding on court. Manzoor and 4 others v. The State PLD 1972 SC 81 rel. (c) Bail--- ----Even for the purposes of bail, law is not to be stretched in favour of prosecution. Amir v. The State PLD 1972 SC 277 rel. (d) Criminal Procedure Code (V of 1898)---S. 497(2)---Penal Code (XLV of 1860), Ss. 302/148/149---Qatl-e-Amd---Bail, grant of---Further inquiry---Not nominated in F.I.R.---Supplementary statement---Submission of challan---Name of accused was not mentioned in F.I.R. but his name was included in the list of accused in supplementary statement--- Effect--- There was no explanation available in such regard, therefore, case of accused fell under the category of further inquiry---Although challan had been submitted in court and the case was fixed for hearing but still prima facie the case of accused appeared to be one of further inquiry and was covered under the provisions of S. 497, Cr.P.C., then it had become a right of accused that he be released on bail---Practice of refusal in such cases where challan was submitted should not be a bar to refuse a right---Observations made by superior courts dealing with bail matters were always tentative in nature---Bail was allowed. Tahir Abbas v. The State 2003 SCMR 426 and Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585 rel. ORDER CH. IJAZ AHMED, J.---Necessary facts out of which the present petition arises are that petitioner is involved in a case F.I.R. No.719 which was registered at Police Station Waris Khan on 27-9-2009 Rawalpindi under sections 302/148/149, P.P.C. According to the contents of the F.I.R. the occurrence took place on 27-9-2009 at 2-35 p.m. Nawaz Khan had given written complaint to Wali Muhammad S.I. of the said Police Station who forwarded the same to the police station. The formal F.I.R. was recorded on the basis of the written complaint of the complainant. The contents of the F.I.R. reveal that on the day of occurrence the brother of complainant, namely, Sadaqat Khan alias Kala Khan, Muhammad…

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