Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,302,365

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 365 & 34---Qatl-i-amd, kidnapping or abducting with intent secretly and wrongfully to confine person, common intention---Bail, grant of---Accused was not named in FIR and he was implicated by the complainant in the case through supplementary statement after two months and thirteen days of the alleged occurrence without disclosing any plausible source of information---Evidentiary value of such type of supplementary statement would be determined by Trial Court---Prosecution relied on the witness of last seen as well asextra judicial confession and there was no eye-witness of the alleged occurrence---Statements under S. 161, Cr.P.C. of witnesses of last seen were recorded by the investigation officer after two months and twenty two days of the alleged occurrence---Evidentiary value of last seen and extra judicial confession would be determined by Trial Court---Accused deserved concession of bail on ground of juvenality and on the basis of rule of consistency---Vicarious liability of accused for the murder of deceased would be determined by Trial Court after recording evidence---Accused was previous non-convict and never involved in any case---Accused was behind the bars for one year and four months---Investigation of case was complete and accused was no more required for further investigation---Further incarceration of accused would not serve any useful purpose---Bail was granted accordingly. Rahat Ali v. State 2010 SCMR 584; Abid Mehmood v. State 2017 SCMR 728 and Abid v. The State and others 2016 SCMR 907 rel. THIS ORDER PASSED BY: ABDUL SAMI KHAN, J.--- Through this petition under section 497, Cr.P.C. the petitioner has sought post-arrest bail in case FIR No.195/16 dated 02.03.2016 under sections 302, 365, 34, P.P.C., registered at Police Station Mansoorabad, District Faisalabad. 2. The arguments advanced by learned counsel for the parties have been heard and record of this case has been perused with their able assistance. This is bail after arrest and only tentative assessment is required at this stage, therefore, without going into deeper appreciation of material…

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