Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 497(2) --------- Penal Code (XLV of 1860), S.302 --------- Qanun-e-Shahadat (10 of 1984), Arts. 38 & 39 --------- Qatl-i-amd --------- Bail, grant of --------- Crime empties dispatched after recovery of weapon --------- Extra judicial confession --------- Case of further inquiry --------- Only material the prosecution had against accused to connect him with commission of alleged offence was his extra judicial confession and recovery of pistol from his possession allegedly used in commission of murder of deceased --------- Empties recovered from the spot remained with police for about four years and ten months and were sent to Forensic Science Laboratory after recovery of crime weapon / pistol from possession of accused --------- Effect --------- Possibility of recoveries being fake could not be ruled out in circumstances --------- Extra judicial confession of accused was not admissible under Arts. 38 & 39 of Qanun-e-Shahadat, 1984, and recovery of pistol from the possession of accused after four years and ten months of alleged occurrence was of very weak nature and required corroboration from a source of unimpeachable character --------- Case of accused fell within the ambit of further inquiry as envisaged in S. 497(2), Cr.P.C. --------- Bail was allowed in circumstances. THIS ORDER PASSED BY: ZAFAR AHMED RAJPUT, JUSTICE:---------- Through instant criminal bail application, applicant/ accused Imran Rasheed son of Rasheed Ahmed seeks post arrest bail in Crime No. 499 of 2010, registered at Police Station Al-Falah, Shah Faisal Town, Karachi, under sections 302/34, P.P.C. His bail application was earlier rejected by the learned Sessions Judge, Karachi-East, vide order dated 09-10-2015, in Sessions Case No. 1643 of 2015. 2. Briefly stated, the facts of the prosecution's case are that on 03.08.2010, at 2230 hours, A.S.I. Zafar lqbal of P.S. Al-Falah, Karachi lodged the above mentioned FIR, on behalf of the State, alleging therein that on 02.08.2010, as per daily diary entry No. 57, one unknown person, at about 2200 hours, informed on phone that dead body of Naseebullah son of Zahoor Khan was lying in…

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