| Citation(s) |
|---|
| 2016 SLG 1639 2016 SLD 1639 2016 PLJ 601 |
Crl. Misc. No. 215-B of 2016, decided on 3.2.2016. Date of hearing: 3.02.2016
FARRUKH GULZAR AWAN, J.
Syed Chiragh Din Shah Bukhari, Advocate for Petitioner. Mian Haq Nawaz Saqib, Advocate for Complainant. Syed Nadeem Haider Rizvi, DDPP for
Respondent.
GHULAM MURTAZA alias BUBAL
VS
STATE & another--Respondents
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302/392--Bail, grant of--Further inquiry--"Waj Takkar"--Darknight occurrence--Accused was arrested and during investigation nothing incriminating was brought on record against him except recovery of veil (Lungi/Mandasa) and extra judicial confession allegedly made by him before prosecution witnesses--Veracity of recovery of veil, not being weapon of offence, and that of inadmissible alleged extra judicial confession, shall be thrashed at trial stage--Investigation had been finalized and continued incarceration of petitioner would serve no beneficial purpose to prosecution--All these factors had successfully made out case of petitioner being one of further inquiry, therefore, accused was entitled to concession of bail. 2012 SCMR 184 ref. ORDER Ghulam Murtaza alias Bubal, the petitioner has sought concession of post arrest bail in case FIR No. 653 dated 28.8.2015, under Sections 302/392, PPC, registered at Police Station Gadai District Dera Ghazi Khan. 2. Pithily and saga as contained in the crime report is that on 27.8.2015 at 11:35 p.m. three unknown dacoits having muffled faces, waylaid the complainant and his brother Ghulam Raza near Jaboji Bridge when they were going back to their house on motorcycle. The complainant did not stop the motorcycle whereupon they made indiscriminate firing and one of the fires hit Ghulam Raza on his back, who was on rear seat; he succumbed to the said injury at some distance. 3. Arguments pro and contra heard. Record perused. 4. The petitioner was implicated in this case on the supplementary statement made by the complainant on 28.8.2015 wherein he…
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