Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Pakistan Penal Code, 1860

Section: 148,149,201,202,302

(a) Criminal Procedure Code (V of 1898)--- ----S. 497--- Bail--- Appreciation of evidence---Deeper appreciation of evidence was unwarranted at bail stage. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 201, 202, 148, 149---Qatl-e-amd, causing disappearance of evidence of offence, intentional omission to give information of offence by a person bound to inform, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Probability of false implication---No independent witnesses---Different versions of the same occurrence---Rule of consistency---Effect---Dead body of deceased-lady was found from the house of the accused, who was her real uncle---Two sisters of deceased were already residing with the accused---Deceased had allegedly also received firearm injuries but no one from the locality neighbourhood came forward to depose about the occurrence, thus there was no independent witness---Inimical terms between the parties were admitted, hence false implication of accused could not be ruled out---Three versions of the occurrence were put forward, one by the accused side, one by the complainant side and one by the investigation officer---Question as to which version was correct was to be answered by the Trial Court---Co-accused had already been released on bail, and she was alleged the same role as the accused---Case was one of further inquiry---Accused was admitted to bail in circumstances. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Grant/refusal of---Grounds---Offence of heinous nature entailing capital punishment---Effect---Such ground alone shall not be considered as an impediment in the grant of bail---Key test was that on basis of other attending circumstances, a good case was prima facie made out. (d) Criminal Procedure Code (V of 1898)--- ----S. 497--- Bail--- Accused apparently entitled to bail, refused such concession---Effect---Refusal in granting bail to such an accused would amount to unjustified incarceration with no proper reparation. Tarim Bashier and 5 others v. The State PLD 1995 SC 34 and Riaz Jafar Natiq v. The State 2011 SCMR 1708 rel. THIS JUDGMENT…

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