Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 34,302

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd and common intention---Pre-arrest bail, grant of---Benefit of doubt to be extended at bail stage---Scope---Accused was nominated in the FIR with the role that he, while entering into the house of deceased, subjected her to torture and inflicted kicks blow on her person because she was pregnant in consequence of illicit relations with him---Deceased was firstly taken to the house of co-accused, where his wife attended the deceased and later on she was shifted to hospital, where she died---Doctor, during post-mortem examination, found all the structures healthy and no sign of physical violence was identified on the body of deceased---No seminal material was found on vaginal swabs---No drugs/poison was detected in blood and stomach contents from the analysis of visceras---No witness was available with the prosecution to prove violence committed by the accused on the person of deceased while entering into her house---First investigation concluded that accused had not entered into the house of the deceased or subjected her to torture---Second investigating officer opined that no evidence was available with the prosecution regarding culpability of the accused---Co-accused had already been admitted to bail by the Trial Court---Investigation was complete and sending the accused behind bars, would not serve any beneficial purpose or seemed justified---Involvement of accused on the basis of motivated prosecution could not be ruled out---Benefit of doubt arising out of the prosecution story could be extended to accused at any stage of the case---Accused was admitted to pre-arrest bail, in circumstances. (b) Criminal trial--- ----Benefit of doubt---Benefit of doubt arising out of the prosecution story was to be extended to accused at any stage of the case. Zaigham Ashraf v. The State 2016 SCMR 18; Aamer v. The State PLD 1972 SC 277 and Manzoor v. The State PLD 1972 SC 81 rel. THIS ORDER PASSED BY: MUHAMMAD WAHEED KHAN, J.--- Apprehending his arrest at the hands of the local police, through this petition, the petitioner seeks pre-arrest bail in case FIR No.188/18…

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