Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.302---Qatl-e-amd---Bail, grant of---Further inquiry---Accused was implicated in the present case after his mobile phone calls were traced---Questions as to whether complainant was the eye-witness of the occurrence; whether the occurrence had been witnessed by anyone; whether statements of any private witnesses under Ss. 161 and 164, Cr.P.C. had been recorded; whether empties recovered from the spot matched with the weapon recovered from the accused; whether there was any motive; whether the complainant charged the accused after his satisfaction or at the instance of the police, and whether there were some other allegations against the accused except for mobile phone calls, were questions calling for further inquiry---Accused was granted bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail---Case of further inquiry---Normal practice of courts in granting/refusing bail---When an accused became entitled to bail as of right under S.497(2), Cr.P.C., then the same could not be withheld on the ground of normal practice of the court, because the latter was relatable to exercise of discretion while the former was relatable to the exercise and grant of a right. Muhammad Ismail v. Muhammad Rafique PLD 1989 SC 585 rel. JUDGMENT ASSADULLAH KHAN CHAMKANI, J.---Saeed Anees, petitioner herein, who is charged in a case registered against him under section 302, P.P.C., vide F.I.R. No.1182, dated 27-9-2012 in Police Station Swabi, sought his release on bail mainly on the grounds that it is an unseen occurrence; that there is no ocular as well as circumstantial evidence to connect him with the commission of alleged offence; that he has been involved in the instant case merely on mala fide intention because he wasn't charged in the first information report rather he was nominated in the case by the complainant party after the delay of about eight days of the occurrence; that the present case against him is afterthought and due deliberation; that though the complainant charged him in his magisterial statement but that has been done at the instance of the police;…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492