Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302---Qatl-i-amd---Bail, refusal of---Accused was nominated in the FIR with specific role of causing murder of his wife---Crime weapon i.e. 9 mm pistol and white colour blood stained "banyan" had been recovered on pointation of accused---Presence of accused at the venue of occurrence had never been denied---Post-mortem report reflected that deceased received contusions bluish black of varying sizes seen over back and front of both thighs---Death of the deceased occurred due to neck and head injuries as a result of fire arm projectile---Report of Forensic Division showed that alleged recovered pistol was in working order---Venue of occurrence was house of accused where couple was residing along with their three children---No evidence was available to depict, suicide by the deceased---Dreadful act done by accused was heinous one which needed scanning of the entire record when the trial would commence---Tangible and reliable evidence collected by the prosecution, prima facie created league and had good, but strong nexus with the unnatural death of the deceased caused by accused in the house---Accused, did not deserve any concession of post arrest bail---Offence allegedly committed by accused came well within the domain of prohibitory clause of S.497(1), Cr.P.C. and was non-bailable in its nature---Bail application of the accused was dismissed in circumstances. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---.--- Applicant Noor Alam son of Kabir Ahmed sought for post arrest bail in crime No. 283 of 2016, Police Station Docks, Karachi, registered under section 302, Pakistan Penal Code. Earlier the post arrest bail plea of the applicant was declined by the learned court of VI-Additional Session Judge, Karachi (West), vide order dated 18-04-2017. 2. As per prosecution, on the eventful day, complainant received telephonic conversation from Jafar Alam about receipt of bullet injury by his daughter Mst.Aamna; on arrival of complainant at Civil Hospital, dead body of Aamna was boarded in Ambulance returned back at home; whereby complainant came to know that post mortem of dead body of…

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