Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302,324,148,149

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, common object---Bail, refusal of---Delay of one hour in lodging report, was not so fatal to be considered at bail stage, in view of 5/6 Kilometer distance between the place of occurrence and the Police Station---Accused was directly charged for murder of the deceased in broad daylight, witnessed by the complainant and his nephew---Parties being co-villagers inter se, there was no chance of misidentification---Single firearm entry wound on the body of the deceased, fully corroborated the F.I.R. and recovery memo---Complainant, in the F.I.R. had given a specific motive behind the offence---Prima facie case, was made out against accused in circumstances---Accused had been attributed a specific role of effective fire-shot on vital part of the body of deceased; co-accused, who had been released on bail, had been assigned the role of ineffective firing---Case of accused, in circumstances, did not fall under the rule of consistency---In view of substantial positive evidence in support of prosecution version, when otherwise there was no room for further inquiry, plea of alibi, could not be taken into consideration---Challan had already been put in court, and the prosecution witnesses were summoned, and case was fixed for framing of charge against accused---Accused having committed offence which came within the prohibitory clause of S.497, Cr.P.C., his bail petition was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Evaluation of evidence---When there was sufficient evidence in favour of the prosecution version, and some evidence in favour of defence, the safest course open for dispensation of justice was, that the matter be left for the Trial Court to evaluate the evidence of prosecution as well defence, and then form its opinion about guilt or innocence of accused. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, grant of---Principles---No observation to be made by court at bail stage, about the evidence of either side, as it would affect their case at…

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