Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 497(2)---Penal Code (XLV of 1860), Ss. 302, 324, 34 & 109---Qatl-e-amd, attempt to commit qatl-e-amd, common intention, abetment---Ad-interim pre-arrest bail, confirmation of---Further inquiry---Case of mere abetment---Date and time of abetment not disclosed---Probability of false implication due to malice---Inordinate delay in implicating accused for the offence---Effect---Allegation against accused was that few days prior to the occurrence he induced/abetted the co-accused persons to kill the deceased, which abetment was heard by two witnesses---Allegation against accused was of mere abetment, which surfaced for the first time when complainant rendered a written supplementary statement before the investigating officer---During investigation witnesses of abetment claimed to have witnessed the occurrence but they did not utter a single word against accused about the allegation of abetment---Said witnesses and complainant recorded their supplementary statements with an inordinate delay, wherein they nominated the accused as an abettor of the offence-Date and time of the alleged abetment/ conspiracy by the accused had not been disclosed by any of the witnesses---Question as to how many days before the occurrence, accused and co-accused persons plotted to murder the deceased, remained shrouded in mystery---Probability could not be ruled out that accused had been falsely implicated in the present case due to malice and ulterior motives of the complainant---Case was one of further inquiry---Ad-interim pre-arrest bail already granted to accused was confirmed in circumstances. ORDER SHAHID HAMEED DAR, J.---Manasab Ali (petitioner) seeks bail before-arrest in case-F.I.R. No.315/2012 dated 24-5-2012, registered for offences under sections 302, 324, 109, 34, P.P.C., at Police Station City Arifwala (Pakpattan Sharif). 2. Precisely, the prosecution case, as narrated by Ghulam Qadir (complainant) is that his son Abdul Razzaq along with his pupil Muhammad Asif, moved towards the shop of his son on 24-5-2012; when they reached the metalled road, they were attacked by Muhammad Ashraf, Naveed, both armed with pistols…

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