Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Bail, grant of--Further inquiry--Allegation of--Armed with clubs and murderous assault--Petitioner was arrested after 1½ months of occurrence and during investigation, recovery of a club is shown to have been effected at his instance, which was neither blood stained nor tainted one and, thus, its evidentiary value will be determined by trial Court after recording evidence--Complicity of petitioner, in commending circumstances, requires further probe and inquiry into his guilt under sub-section (2) of Section 497, Cr.P.C.--Bail was allowed. Bail-- ----Fundamental right--At advance stage of trial--Grant of bail to an accused, even at an advance stage of trial, has no bar and accused cannot be kept in incarceration even for a moment, if he is otherwise entitled to relief claimed for because liberty is a fundamental right of every citizen, which cannot be curtailed merely on ground of technicalities. Bail-- ----Ground--Statutory delay--Beloved bars for a continuous period--Petitioner is behind bars for a continuous period of more than 2 ½ years from date of his arrest--Delay of more than 2 ½ years by itself is a sufficient and tenable ground to release petitioner on bail--Considering above noted facts and circumstances of case, besides merits, petitioner has earned right of his release on post arrest bail on ground of statutory delay in conclusion of trial. THIS ORDER PASSED BY:ASJAD JAVAID GHURAL, JUSTICE---.--- Through this petitioner under Section 497, Cr.P.C., petitioner Bashir Ahmad has sought post arrest bail in case FIR No. 270 dated 30.05.2015, in respect of offences under Sections 302, 109 & 34, PPC, registered at Police Station, Alpa District Multan. 2. The allegation against the petitioner, as contained in the crime report, is that on 29.05.2015 at Maghrib time, healongwith his co-accused Shaukat alias Kalu, while armed with clubs, launched murderous assault upon Khadim Hussain, father of the complainant giving club blows on different parts of his body. Khadim Hussain succumbed to the injuries on the same day. Hence, this case was registered. 3. I have heard learned counsel for the…

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