Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 302---Qatl-e-amd---Bail, grant of---Further inquiry---Allegation against accused that he had threatened to kill the deceased fifteen to twenty days before his murder, if deceased married a certain lady---Validity---No material was available with the prosecution to substantiate such allegation in the F.I.R.---Incident was unseen and no material was available on record to connect the accused with the commission of the offence---No recovery had been effected from the accused---Inordinate delay in lodging F.I.R. had not been explained---Statement of complainant had not been recorded due to his absence---Case against accused required further inquiry in terms of S. 497(2), Cr.P.C---Accused was admitted to bail, in circumstances. ORDER MUHAMMAD TASNIM, J.---Applicant Bakhit Nawab is booked in Crime No.467 of 2010, registered under section 302, P.P.C. at Police Station Jackson. The applicant initially applied for bail before IV-Additional Sessions Judge, Karachi-West, who dismissed the bail application per order dated 10-11-2010 for the reasons mentioned therein. Against the aforesaid order present bail application has been filed. 2. The case of prosecution as set out in the F.I.R. is that a written complaint was filed by complainant Haroon Zaib through TPO on 14-5-2010 wherein he stated that his brother Ameer Zaib who was a labourer and aged about 24 years his dead-body was recovered on 16-10-2009 while their mother was admitted in Cancer Ward of Ziauddin Hospital, Nazimabad, Karachi. It is stated that complainant was in the native village for burial of his mother the complainant came back to Karachi. It is claimed that fifteen to twenty days earlier of the murder of the complainant's brother he had informed the complainant that applicant, had threatened him for killing him if he marries to a lady to whom complainant's brother wanted to marry, therefore present F.I.R. was lodged. 3. In support of this bail application the learned counsel for applicant has submitted that there is no eye-witness in the matter. There is delay of about seven months in lodging of F.I.R. which has not been…

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