Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.364/ 302/ 109/34---Kidnapping or abducting in order to murder, qatl-e-amd, abetment, common intention---Bail, grant of---No direct evidence was available and trial had already commenced---Effect---Accused and co-accused were alleged to have abducted and murdered the deceased---Accused was also alleged to have pointed out the place where the dead body was thrown, and recovery of weapon had also been alleged against him---Contentions of the accused were that there was a delay of 24 hours in lodging of F.I.R.; that no direct evidence of murder was available on the file; that father of the deceased had filed an application before the Justice of Peace for registration of case, wherein he repudiated the story mentioned in the present F.I.R.; that there was suspicion over the motive; that co-accused had already been granted bail, and that mere commencement of trial was no ground to refuse bail if a case for grant of bail was made out---Validity---No direct evidence of murder of the deceased was available against the accused and the maximum evidence collected was that he allegedly pointed out the place where the dead body was thrown---Alleged recovery of weapon from the accused was not a substantial piece of evidence---Father of the deceased had shown the complainant as addict and perjure---Where a case of bail was made out, then commencement of trial by itself was no ground to refuse bail as envisaged by S.497(4), Cr.P.C---Bail petition of the accused was allowed and he was released on bail. PLD 1989 SC 585 rel. Mitho Pitafi v. The State 2009 SCMR 299 ref. ORDER MAZHAR IQBAL SIDHU, J.---Ali Husnain Butt (Ali Hussain Butt) petitioner seeks post-arrest bail in a case registered vide F.I.R. No.891 dated 24-9-2010 under sections 364 PPC at P.S. Ferozewala, Dist. Sheikhupura on the application of Tariq Ali. 2. According to prosecution's case in between night of 22/23-9-2010 at about 2-30 a.m., the deceased heard a telephonic call when he had abedded in his house and ultimately while hearing call, he came out of house and thereafter he was abducted by the petitioner along with his three…

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