Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/201--- Qatl-e-amd, causing disappearance of evidence of offence---Bail, grant of---Further inquiry---Allegation against the accused and co-accused was that they murdered the son of the complainant and left his decapitated body on the bank of a canal---Contentions of the accused were that the F.I.R. was lodged against unknown persons and statements of prosecution witnesses under S. 161, Cr.P.C, were recorded on the next day, in which they also stated that the murder had been committed by unknown persons; that further statements of the complainant and prosecution witnesses were recorded after a delay of 3 months and 23 days, wherein they implicated the accused persons; that there was pending criminal litigation between the parties, therefore, false implication of the accused could not be ruled out---Validity---F.I.R. was recorded after a delay of about 7/8 days against unknown accused persons---Prosecution witnesses in their statements under S. 161, Cr.P.C, had not implicated any of the accused persons---Further statement of the complainant was recorded on the basis of information given to him by the prosecution witnesses---Value of further statements of the complainant and the prosecution witnesses which were recorded after 3 months and 23 days, was yet to be determined at the trial---Perusal of police papers showed that no one had seen the accused persons committing the murder---Criminal litigation was pending between the parties and serious mala fides on part of the complainant and police had been alleged---Case against the accused required further inquiry as contemplated in S. 497(2), Cr.P.C---Accused was enlarged on bail, in circumstances. Amir Hamza v. The State 1988 SCMR 755; Suba Khan v. Muhammad Ajmal and others 2006 SCMR 66; Abid Ali alias Ali v. The State 2011 SCMR 161; Syed Amanullah Shah v. The State PLD 1996 SC 241; Javed Iqbal v. The State 2008 PCr.LJ 1578 and Qudarutullah v. The State and another 2011 MLD 403 rel. Ajmal Khan v. Liaquat Hayat and another PLD 1998 SC 97 and Imtiaz Ahmed v. The State PLD 1997 SC 545 ref. (b) Criminal Procedure Code (V of…

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