Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 148, 149 & 109--Bail, accepted--Withdrawal simpliciter of an earlier application for bail before hearing of argument on merits of case does not preclude filing of subsequent application for same relief--Accused was implicated on basis of alleged abetment of accused with co-accused--Validity--Neither allegation of abetment of petitioner with his co-accused was levelled by complainant nor witness were cited by complainant in FIR, therefore, veracity of statements of both P.Ws would be determined by trial Court at time of trial--Bail was allowed. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 161 & 497--Pakistan Penal Code, (XLV of 1860), Ss. 302, 148, 149 & 109--Bail, accepted--Statement of widow of deceased was recorded by police, according to which she contracted marriage with deceased without consent of her parents, therefore, her brothers kept on extending threats to her and deceased that they would arrange for murder--Widow of deceased (sister of accused) did not lodge any FIR against accused for extending threat to her and such fact was not incorporated by complainant--Accused was arrested and was behind bar for a period of about six months and 26 days and was no more required by police for purpose of further investigation--Case of accused comes within ambit of further inquiry, therefore, bail was allowed. ORDER On the last date of hearing, i.e. 17.03.2016, learned counsel for the complainant raised objection that earlier petition filed by the petitioner for his post bail was withdrawn by him, therefore, instant petition is not maintainable. When confronted learned counsel for the petitioner sought time in order to satisfy this Court pertaining to maintainability of instant petition, therefore, instant case was adjourned for today. 2. Today learned counsel for the petitioner has produced the case law reported as Nazir Ahmed and another VS The State and others (PLD 2014 Supreme Court 241) before this Court, wherein it has been held by August Supreme Court of Pakistan that withdrawal simpliciter of an earlier application for bail before…

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