Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 201 & 311---Qatl-e-amd, causing disappearance of evidence or offence and tazir after waiver or compounding of right of qisas in qatl-e-amd---Bail, refusal of---Allegation against the accused was that he committed murder of his daughter and got drown her in the canal---Accused's name with specific role transpired in F.I.R. who with gunshot injury caused murder of his daughter on the pretext of Karo-Kari (honour killing)---Blood-stained earth was recovered---Eye witness though were police officials, yet there such status was not sufficient to consider their version with doubt specially when there was no ill-will of said witness who had categorically supported the version of F.I.R.---Available material prima facie linked the accused with the commission of offence involving in case of capital punishment---Accused had failed to bring the case, within Subsection 2 of S. 497 Cr. P. C---Accused charged with offence of capital punishment was not entitled to be released on bail unless he succeeded in bringing his case within the meaning of further inquiry---Bail was refused accordingly. ORDER SALAHUDDIN PANHWAR, J.---Applicant seeks post-arrest bail in Crime No.64 of 2012, Police Station W.J.Shah under sections 302, 201 and 311 P.P.C. 2. Relevant facts are that on 24-8-2012, complainant SIP Muhammad Bachal Qazi S.H.O., Police Station Wasti Jiwan Shah on receiving spy information that "accused Amir Bux is about to kill his daughter Mst. Khalida in the name of honour killing;" along with staff reached near the house of accused; identified that applicant along with one unidentified person armed with gun and pistol was available there; and one lady was crying that "she is innocent and don't kill her" meanwhile applicant caused fatal gun shot injury to the lady, and she was thrown in Pat Feeder Canal by them; accused person escaped away. Complainant lodged F.I.R. investigation was carried out, applicant was arrested and sent up for trial. 3. Counsel for applicant inter alia contended that applicant is innocent; No recovery of dead body has been effected; F.I.R. is delayed about 28 hours…

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