Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Sections 302 & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Lack of motive---Joint role in offence attributed---Initial finding of innocence during investigation---According to the FIR the accused and his co-accused had allegedly been seen by some prosecution witnesses pressing the throat of deceased at the dera of co-accused---FIR itself showed that accused had no motive to kill the deceased but the motive was directed against uncle of the deceased---Place of occurrence was the dera of co-accused whereas the accused did not live at the said place---FIR alleged a joint role of the accused and his co- accused and according to the complainant party's own version the eyewitnesses happened to see the occurrence only per chance---During the initial investigation the accused had been opined to be innocent and his name was placed in column No 2 of the challan but after submission of the challan before the Trial Court a fresh investigation had been conducted and the accused had been opined to be guilty---Case against the accused called for further inquiry into his guilt---Accused was admitted to bail in circumstances. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- Through this petition Nasar petitioner has sought leave to appeal against the order dated 19.01.2016 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 15803-B of 2015 whereby post-arrest bail was refused to him in case FIR No. 500 registered at Police Station Saddar, Chiniot on 15.09.2014 in respect o a offence under section 302, P.P.C. read with section 34, P.P.C. 2. After hearing the learned counsel for the petitioner, the learned Additional ProsecutorGeneral, Punjab appearing for the State and the complainant appearing in person and having gone through the record of investigation of the case we have noticed that according to the FIR the…

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