Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,302,449

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/449/34--- Qatl-e-amd, house-trespass in order to commit offence punishable with death---Bail, grant of---Further inquiry---Accused though was nominated in the F.I.R., but during the course of investigation, he had been found innocent---Co-accused had been acquitted---Bail to the accused could not be withheld merely on the ground that he remained absconder---Trial had not been concluded---Case against accused calling for further inquiry, he was admitted to bail, in circumstances. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, J.--- Muhammad Saeed, petitioner seeks bail after arrest in case F.I.R. No.319 dated 19-5-2007 registered under sections 302/ 449/34, P.P.C. at Police Station Batala Colony, District Faisalabad. The allegation against the petitioner is that he along with his co-accused while armed withfirearms committed murder of Mst.Saima Bibi sister of the complainant, 2. Learned counsel for the petitioner, in support of this petition contends that as per F.I.R. the petitioner and his co-accused Irfan Ashraf fired at Mst. Saima Bibi with their respective weapons as a result whereof, she died that said co-accused of the petitioner was arrested and tried by the learned Addl. Sessions Judge, Faisalabad who vide his judgment dated 28-9-2009 acquitted him that said order of acquittal has not been challenged; that the petitioner, during the course of investigation, has been declared innocent by the police; that mere abscondence of the accused is no ground for the refusal of the bail if otherwise, he is entitled to the same; that there is no progress in the trial as is clear from the report of the learned trial court. Learned counsel for the petitioner also referred to the statement of Shahbaz Khan complainant which was recorded as P.W.7. in the trial of Irfan Ashraf co-accused of the petitioner wherein, he stated that his signatures were procured on the blank papers and he has not seen the occurrence. 3. Learned Deputy District Public Prosecutor opposes this bail petition on the grounds that the petitioner is nominated in the F.I.R. with specific role of causing firearm injury…

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