Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Complainant in his initial report, charged unknown culprits for murder of his son---Father of deceased, after one month, recorded his statements under S. 164, Cr.P.C. wherein he charged the accused and his co-accused without disclosing the source of his satisfaction against complicity of the accused in the commission of offence---Accused had not confessed his guilt before the competent court of law nor anything incriminating, prima facie connecting him with the commission of offence, had been recovered either from his direct or indirect possession---Mere abscondence of the accused would not hamper his way of bail when otherwise on merit he was entitled for the same---Circumstances established that participation of the accused in the commission of offence required further inquiry within the ambit of S. 497(2), Cr.P.C.---Accused was allowed bail in circumstances. THIS ORDER PASSED BY: ASSADULLAH KHAN CHAMKANI, JUSTICE:---. Gul Wali seeks bail in case FIR No.708 dated 09.01.2011, registered under sections 302/34, P.P.C., in Police Station Abdul Hameed Shaheed Shabqadar, wherein he along with co-accused Sher Wali, is charged for committing the murder of Muhammad Wali deceased with firearm on 09.10.2011 at 1900 hours on a thoroughfare situated in village Attaki. 2. Arguments heard and record perused. 3. Admittedly, neither complainant nor anybody else has come forward to furnish the ocular account of the incident. The incident is nocturnal and complainant on receipt of information qua murder of his deceased son…

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