Law: Criminal Procedure Code (V of 1898)

Section: 497,173

Law: Pakistan Penal Code, 1860

Section: 114,148,149,302.32

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302/324/114/148/149---Qatl-e-amd, attempt to commit qatl-e-amd, abettor present when offence is committed, rioting armed with deadly weapons, unlawful assembly---Bail, refusal of---Specific allegation of firing---Recovery of empties---Medical report corroborating ocular account---Defence plea of alibi not raised before Trial Court---Effect---Accused and co-accused persons allegedly fired at and killed the deceased due to a matrimonial dispute---Accused contended that he had been declared as innocent by the police during investigation, and that he was present at another place at the time of the alleged occurrence---Validity---Complainant in the F.I.R. and eye-witnesses in their S. 161, Cr.P.C. statements clearly stated that accused along with co-accused persons fired at the deceased---Post-mortem report of deceased mentioned that he died due to firearm injuries---Four empties were collected from place of occurrence---Plea of alibi was not raised by the accused when he filed bail application before the Trial Court, meaning thereby that he had no such defence at that time---Accused had relied upon the evidence of a large number of witnesses for his plea of alibi, therefore, evaluation of such plea could not be undertaken at present bail stage, as it would require deeper appreciation of evidence, which could only be done at trial----Prima facie sufficient grounds existed to believe that accused was involved in the commission of the alleged offence, which was punishable with death or imprisonment for life---Bail application of accused was dismissed in circumstances. Khushal v. The State 1971 SCMR 357; Tariq Bashir v. The State PLD 1995 SC 34; Rana Tahir v. The State 1996 PCr.LJ 1755 and Rehman alias Rehmanullah v. The State 1998 PCr.LJ 143 distinguished. Abdul Latif v. The State 2006 MLD 639 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 173---Bail---Police report/opinion---Scope---Declaration of accused as innocent by the police during investigation was not a valid ground for grant of bail---Opinion of police was not binding upon the courts. THIS ORDER PASSED…

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