Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302, 114--Bail after arrest accepted--Further inquiry--Delay in lodging FIR--Role against applicant is that he instigated co-accused and allegation of abetment instigation can be determined at trial after recording some evidence; no any overt act is assigned to applicant in commission of offence; apparently, incident was not seen by complainant himself but was told by some other person; he was empty handed and not caused any injury to deceased; nothing incriminating has been recovered from possession of applicant; question of vicarious liability requires further inquiry into guilt of accused and can be determined at time of trial. ORDER Through instant bail application/applicant Zakir seeks post arrest bail in Crime No. 75/2013 registered at Police Station PhuleliHyderabad u/S. 302, 114, PPC. 2. The case of the prosecution is that on 12.12.2013 at 2315 hours at Sami Pakwan Centre. Hotel Phuleli Hyderabad, accused MuhammadShafique on the instigation and with abetment of present, applicant committed the murder of brother of complainant namely Wakeel by making fire-arm injury on his head, therefore, such FIR was registered. The motive of the incident as per FIR is that deceased Wakeel was teasing upon the present applicant and they were also neighbourers and known to each other. 3. Learned counsel for the applicant inter-alia contends that the applicant is innocent and has been falsely implicated in the case in hand due to enmity with complainant party; there is delay of more than 12 hours in lodging the FIR without any explanation no specific role is attributed to the present applicant and the main role of causing injury to the deceased is attributed to co-accused Shafique; applicant was neither armed with any weapon nor he caused any injury to the…

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