Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

(a) Criminal Procedure Code (V of 1898)--S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 452, 109 & 34---Qatl-e-amd, house-trespass after preparation for hurt, abetment, common intention---Bail, grant of---Further inquiry---Accused and co-accused allegedly entered complainant's house, whereafter co-accused shot at and killed complainant's daughter/deceased---Prima facie, accused was not directly connected with the motive part of the prosecution story---Accused was not alleged to have fired at the deceased or any prosecution witness at the time of occurrence---Even the motorcycle on which the accused allegedly came at the spot of occurrence did not belong to him, and according to investigating officer it was owned by a co-accused---Question of accused's guilt required further inquiry---Accused was released on bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail, refusal of---Grounds---Case of further inquiry---Scope---Commencement of trial---Plea of complainant that bail granting order might affect the merits of the trial, which was likely to commence---Validity---Supreme Court was not barred from granting bail at any stage provided accused had made out a case of further inquiry. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail, right of---Scope---Case of further inquiry---When an accused became entitled to bail as of right under S.497(2), Cr.P.C. the same could not be withheld on the ground of practice because the latter was relatable to exercise of discretion, while the former was relatable to exercise and grant of a right. Muhammad Ismail v. Muhammad Rafique PLD 1989 SC 585 rel. ORDER TASSADUQ HUSSAIN JILLANI, J.---Petitioner along with two others was proceeded against in terms of the case registered (vide F.I.R. No.67 dated 1-2-2013 under sections 302, 452, 109/34, P.P.C. at Police Station Bhikhi, District Sheikhupura) on the statement of Muhammad Azam. The complainant alleged that the petitioner and his co-accused Naeem who are real brothers of complainant's wife used to ask that his daughter namely Maria Azam (deceased) be given in marriage to Khurram Azam (who is their nephew); that they used to put pressure…

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