Law: Criminal Procedure Code (V of 1898)

Section: 161,164,497

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302--- Qatl-e-amd---Bail, grant of----Female accused---All legal heirs viz widow, daughter, son and brother-in-law of deceased sworn their affidavits for making accused lady as approver witness but was not done---Accused also made application to Investigating Officer making request that she should be cited as approver witness but nothing was done---One accused was let off by police and main accused, who allegedly killed. the deceased, was granted bail by High Court which position was intact---Effect---Evidence against accused was zigzag one, even if entire material collected by prosecution was believed in toto even then neither deceased was murdered by accused nor any allegation of conspiracy was against her---Accused was a woman and she also deserved some more leniency---'Investigation was completed and she was no more required for the purpose of investigation---Bail was allowed in circumstances. Zohra Khanum v. The State 2009 SCMR 751; Mst. Naziran v. The State 1983 PCr.LJ 1972; Mst. Raeesa v.. The State 1985 PCr.LJ 2823; Mst.Zebo v. The State 1989 PCr.LJ 594; Rahim Khatoon v. The State 1989 PCr.LJ 1861; Ayesha and 3 others v. The State 2008 PCr.LJ 1149; Khalida Akram v. The State 2007 PCr.LJ 875 and Jiomal alias Jairam v. The State 1997 MLD 2470 ref. Mamaras v. The State PLD 2009 SC 385; Altaf Hussain v. The State 1999 MLD 2199; Iqbal Brohi v. The State 1998 PCr.LJ 2066; S. Muhammad Hashim and 2 others v. The State 1998 PCr.LJ 817; Muhammad Rizwan v., The State 1998 PCr.LJ 746; Mst. Masood Begum v. Muhammad Maroof and 2 others 1998 PCr.LJ 56; Ajmal and another v. The State PLD 1997 Kar. 142, Ayyaz Ahmed v. Allah 'Wasaya and 2 others 1995 PCr.LJ 80; Bashir Ahmed v. The State PLD 1994 Kar. 462 and Fida Hussain and another v. The State 1985 PCr.LJ 336 distinguished. THIS ORDER PASSED BY: GHULAM SARWAR KORAI, J.- Facts of the case are that on 13-10-2007 at about 0330 hours complainant Arsalan Shabbir Supra lodged the F.I.R. at Police Station Boat Basin, Karachi stating therein that his father Shabbir-ur-Rehman Supra was doing his own business. As usual he left the house for his…

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