Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/34---Qanun-e-Shahadat (10 of 1984), Art. 38---Qatl-e-amd, common intention---Bail, grant of---Further inquiry---Confession before police---Admissibility as evidence---Unseen occurrence---No ocular account available---No recovery of weapon---Effect---Police found dead bodies of deceased persons during patrolling---Accused was implicated subsequently with the crime on the information collected by the Investigation Officer---Crime in question was an unseen occurrence---During investigation, Investigation Officer failed to get any ocular account despite the fact that alleged offence took place in front of a place which was a restaurant, hotel and a wedding hall---Accused remained on physical remand for two days but neither weapon used in the commission of crime could be recovered from him nor any discovery was made on pointation of accused, which could connect him with the commission of the alleged offence---Observation of Trial Court that accused confessed his guilt before Investigation Officer was not legal as per Art. 38 of Qanun-e-Shahadat, 1984---Mere heinousness of crime was no ground for refusal of bail if the case was one of further probe---Accused was granted bail, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S.497(2)---Bail---Heinousness of offence---Effect---Mere heinousness of crime was no ground for refusal of bail if the case was one of further probe. THIS JUDGMENT DELIVERED BY: ASSADULLAH KHAN CHAMKANI, JUSTICE:---.--- Petitioner Jehan Zada is seeking bail in case F.I.R. No. 647 dated 6-06-2012 registered for offence under section 302/34, P.P.C. at Police Station City Mardan. 2. The contents of F.I.R. reveal that on 6-06-2012 at 10.00 hours complainant Mohsin Fawad, A.S.-I. sent a murasila for registration of the case to the effect that during gusht he came to the spot and found dead bodies of a lady and young guy, who have been murdered by some one through fire arm. Subsequently, the petitioner was enroped with the crime, on the information collected by the I.O. during investigation, hence he was arrested. 3. Learned counsel for…

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