Law:

Section:

Criminal Procedure Code (V of 1898)-- ----S. 497----Penal Code (XLV of 1860), Ss. 302, 201, 109 & 34---Bail, grant of---Qatl-i-amd, abetment, causing dis-appearance of evidence of offence, or giving false information to screen offender, common intention---Rule of consistency--- Applicability--- Unseen occurrence---FIR based on mere suspicion---Accused persons were alleged to have killed son of complainant by strangulating and causing head injury---Co-accused had already been released on post arrest bail, and application for cancellation of same had been dismissed---Said co-accused had been charged with the exactly same role which had been attributed to the accused---Alleged occurrence was admittedly unseen---Complainant had not disclosed either his source of information or basis of his satisfaction about involvement of accused in commission of offence---Complainant had charged accused on mere suspicion---Nothing incriminating had been recovered from possession of accused---Accused had not made confessional statement despite remaining in police custody---Pointation of scene of occurrence by accused, which was already known to police, would hardly be valid reason for refusal of bail to accused, when they were even otherwise entitled to concession of bail under rule of consistency---Investigation of case was complete and complete Challan had been submitted---Accused had been behind bar since after their arrest and were no more required for purpose of investigation---Bail application was accepted accordingly. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:----------- Muhammad Fayaz and Rafique, accused/petitioners, are seeking post arrest bail in case vide FIR No.40 dated 25.02.2015 under Sections 302/201/109/34, P.P.C., Police Station Nara, Abbottabad, which was registered on the report of Muhammad Fareed, complainant/ respondent No.2, who reported to the police about the 'Qatl-i-Amd' of his son Yasir Mahmood, who was plying his Potohar Jeep on daily basis from his village to Bodla for passengers commuting between the two places; but could not be contacted on telephone by the complainant till 9.30 P.M. on the day of occurrence. According to the FIR,…

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