Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Arms Act, 1878

Section: 19

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324,337-A(i)(ii)

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 337-A(i)(ii), 148 & 149---Arms Act (XI of 1878), S.19---Qatl-i-amd, attempt to commit qatl-i-amd, causing damiyah, causing badiah, rioting armed with deadly weapon, unlawful assembly, keeping arms without licence---Bail, refusal of---Prosecution case was that accused had presented application under S. 164, Cr.P.C. referring certain facts of his involvement in the murder of deceased---Bail application of the accused/petitioner was turned down by the Trial Court---Validity---Record showed that son of accused/petitioner was involved in committing murder of the deceased---Accused/petitioner was not attributed any effective role in the FIR---Accused/petitioner had involved himself by narrating his version in application under S. 164, Cr.P.C.---Accused/petitioner was produced before the Judicial Magistrate who recorded his confessional statement and at the end of the said statement, he had tried his best to save the skin of his son/co-accused and had taken the burden on him to kill the deceased---Record transpired that confessional statement had been an afterthought to screen off the real offender from the scene who was his son---Crime weapon (pistol), was also handed over by the accused/petitioner to the police, which was sent for its analysis and the Forensic Science Laboratory Report had confirmed that the crime weapon had been used in the commission of offence---Accused/petitioner had himself taken responsibility to bring home charges against him for the offence falling under the prohibitory clause of S. 497, Cr.P.C.---Confessional statement of the accused/petitioner and recovery of the crime weapon duly confirmed by the Forensic Science Laboratory Report linked the accused/petitioner with the offence---Bail application was dismissed in circumstances. Syed Ali Bepari v. Nibaran Mollah and others PLD 1962 SC 502 and Zaigham Ashraf v. The State and others 2016 SCMR 18 ref. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, J.--- On his self-implication by forwarding an application under section 164 of the Code of Criminal Procedure before the learned Judicial Magistrate…

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