Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/147/149---Qatl-e-amd, rioting, unlawful assembly---Bail, grant of---Further inquiry---Delay in lodging F.I.R.---Non-recovery of any incriminating article---Effect---Accused and co-accused persons allegedly took away complainant's son/ deceased and later hung him---Specific allegation against accused was that he caught hold of deceased by his arms and legs before he was hung---Complainant allegedly witnessed the occurrence through the hole of a door---Matter was reported after a delay of 9 hours and it was for the Trial Court to determine, whether such delay had any bearing on the prosecution case---Accused was not alleged to be armed with any weapon at the time of alleged occurrence---During investigation nothing was recovered from the accused---Accused was no more required for further investigation---Motive was alleged against co-accused and not against the accused---Case was one of further inquiry---Accused was admitted to bail, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 173---Bail---Submission of challan---Commencement of trial---Effect---Mere submission of challan and commencement of trial was no ground for refusal of bail, if otherwise the accused was entitled to the same. Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585 and Abid Ali alias Ali v. The State 2011 SCMR 161 rel. ORDER MANZOOR AHMAD MALIK, J.---Fahad alias Fahdu, petitioner seeks bail after arrest in case F.I.R. No. 81 of 2012, dated 26-2-2012, offence under sections 302, 147 and 149, P.P.C., registered at Police Station Tatlay Aali, District Gujranwala. 2. Precisely, the prosecution story, as set out in the F.I.R., is that on 25-2-2012 petitioner along with his co-accused took Amir alias Mandhi son of the complainant in a rickshaw at Bopra Kalan in the haveli of Muhammad Fayyaz where he was hanged by the accused with danda fixed between the cots and his hands, feet were tied up with strings. The accused beat him with fist blows. The complainant along with other witnesses saw this occurrence through the hole of the door. The specific allegation against…

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