Law: Criminal Procedure Code (V of 1898)

Section: 173,497

Law: Pakistan Penal Code, 1860

Section: 302

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302---Qatl-e-amd---Bail, refusal of---Promptly lodged F.I.R.---No question of misidentification---Long abscondment of accused---Accused was alleged to have killed the deceased in front of his mother/complainant---Complainant had directly charged a single accused for the murder of her son---Substitution by a mother leaving the actual culprit was a rare phenomenon---F.I.R. was lodged with a delay of (only) one hour due to rain because of which the dead body had to be shifted from the scene of occurrence, in such circumstances there was no room for consultations or deliberations by the complainant---Occurrence was a daylight occurrence and parties were co-villagers known to each other and had a previous blood feud, hence there was no question of misidentification---Recovery of an empty and blood-stained earth and garments from the scene gave further support to the complainant's version---Accused was arrested after a lengthy absconsion of more than a year---Accused was prima facie connected with the commission of the offence, which fell under the prohibitory clause of S. 497(1), Cr.P.C.---Accused was refused bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail application---Prosecution evidence--- Assessment of--- Scope---Evidence of prosecution could not be tested in depth at bail stage, and only tentative assessment was to be made. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 173 & 497---Bail---Police opinion---Whether binding on court---Courts were not bound by the ipse dixit of police, rather court had to formulate its own opinion in light of the evidence available on record. (d) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, refusal of---Absconsion of accused---Effect---Fugitive from law lost some of his normal rights, such as procedural as well as substantial rights---Bail may be declined on the basis of abscondence, irrespective of the merits of the case. THIS JUDGMENT PASSED BY: MUHAMMAD DAUD KHAN, J.- Having unsuccessful in obtaining bail from the two courts below the accused/petitioner, Azizur Rehman, involved in case…

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