Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302,324

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302 & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Bail, refusal of---Accused, prima facie, alone had been directly charged by the deceased in his 'dying declaration' for effective firing during daylight occurrence---Accused, subject to proof by the prosecution during the trial, was connected with the commission of the offence---Case for post arrest bail, in favour of accused, was not made out in circumstances---Plea of "alibi", taken by accused for being arrested in an other criminal case, had not been accepted by the Investigating Officer in its totality---Any finding, rendered by High Court in that respect at bail stage, would not be appropriate, and would surely prejudice the case of the parties during trial---Challan in the case was complete, and the trial was to commence---Bail application was dismissed, in circumstances. Said Akbar and another v. Gul Akbar and another 1996 SCMR 931 and Shuaib Mehmood Butt v. Iftekharul Haq 1996 SCMR 1854 ref. JUDGMENT YAHYA AFRIDI, J.---Dr. Momin, petitioner, seeks his post arrest bail in case F.I.R. No.247 dated 30-3-2013 for offences chargeable under Sections 302/324 of Pakistan Penal Code, 1860, ("P.P.C.") registered in Police Station Nowshera Kalan ("F.I.R."). 2. The case of the prosecution, as set up in the F.I.R., is that the report was lodged by the deceased then injured and expired after six days of occurrence, by directly charging the accused petitioner for effective firing upon him and that the report of the deceased then injured culminated in the "dying declaration". 3. Valuable arguments of learned counsel for the parties heard and available record thoroughly perused. 4. Lest this Court passes any findings, which may prejudice the case of the parties during trial, suffice it to state that 'prima facie', the petitioner alone has been directly charged by the deceased in his "dying declaration" for effective firing during daylight occurrence. Hence, at present, the petitioner, subject to proof by the Prosecution during the trial, is connected with the commission of the offence. Thus, at this stage, in the circumstances…

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