Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898) --------- ----------S.497(2) --------- Penal Code (XLV of 1860), S.302 --------- Qatl-i-amd --------- Bail, grant of --------- Case of further inquiry --------- Abscondence --------- Complainant did not disclosed name of any person in the First Information Report, who had seen the accused taking the body --------- Post-mortem examination was conducted with a delay of 29 hours after registration of First Information Report and yet no cause of death was opined by the doctor who performed the post mortem --------- Investigation was complete, and accused was no more required for investigation --------- Evidentiary value of sole witness of wajtakar and extra judicial confession in absence of cause of death was a weak type of evidence --------- Mere abscondance of accused could not be used to kill every right of accused and it could not be the basis of refusal of bail --------- Bail was granted. Allah Ditta v. The State and others 2012 SCMR 184 and Sultan Mahmood v. Mansoor Shamsi and another 2015 PCr.LJ 90 rel. Malik Dino and others v. The State 2002 PCr.LJ 783; Abid Ali v. The State 2011 SCMR 161; Allah Ditta v. The State and others 2012 SCMR 184; Sultan Mahmood v. Mansoor Shamsi and another 2015 PCr.LJ 90; Mst. Maria Khan v. The State and another 2013 SCMR 49; and Talib Jan v. The State and another 2012 SCMR 265 ref. THIS THIS ORDER PASSED BY: DELIVERED BY: FARRUKH GULZAR AWAN, JUSTICE:---------- Petitioner Touqeer Ahmad has sought post arrest bail in terms of Section 497, Cr.P.C. in case FIR No. 803 dated 14.7.2014 registered under sections 302/34, P.P.C. at Police Station Kahna, Lahore. 2. The allegation against the petitioner is that he along with his co-accused, in furtherance of their common intention, murdered Muhammad Naveed son of Abdul Hameed nephew of the complainant. 3. Learned counsel for the petitioner has contended that the petitioner has been falsely involved in this case with mala fide intention; that there is unexplained delay of 2-days in lodging the FIR; that the petitioner has been named in the FIR without disclosing source of his involvement in this case and even the complainant did not disclose the name of…

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