Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/ 365/ 211/ 148/ 149---Qatl-e-amd, kidnapping or abducting with intent secretly and wrongfully to confine person, false charge of offence made with intent to injure, rioting armed with deadly weapons---Bail, grant of---Further inquiry---Alleged fake police encounter---F.I.R. for the occurrence had been registered which was cancelled by the Area Magistrate after which complainant filed a private complaint, resulting in the present F.I.R.---Co-accused (police official) , who had been attributed the main role, had been acquitted after regular trial was conducted on basis of the private complaint---Trial Court while acquitting the co-accused had found that the police encounter was genuine---Role attributed to the accused (police official) was only to the extent of calling the deceased at the place of occurrence with connivance of his co-accused (police officials) and aerial firing after the occurrence---Accused had not been found convicted in any criminal case in the past and his mere abscondence was not a sufficient ground to refuse him bail when otherwise a good case for bail was made out in his favour---Case against accused called for further inquiry into his guilt---Bail application of accused was allowed and he was admitted to bail. Mitho Pitafi v. The State 2009 SCMR 299 ref. ORDER MUHAMMAD ANWAARUL HAQ, J.---Petitioner Shahadat Ali alias Chhadi seeks post-arrest bail in the private complaint titled "Muhammad Arif v. Asad Muzaffar and others" under sections 302, 365, 211 and 148/149 P.P.C. 2. Learned counsel for the petitioner contends that earlier an F.I.R. No.70 dated 2-2-2007 under sections 302, 365 and 148/149, P.P.C. was registered at Police Station Chunian District Kasur against the petitioner and others regarding the same occurrence, which was cancelled by the learned Area Magistrate and thereafter the complainant has filed a private complaint; that five co-accused of the petitioner were earlier tried and acquitted by the learned trial Court in the private complaint and the petitioner was declared a proclaimed offender. Further contends that the fatal injury on the…

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