Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Accused was not named in the FIR---About three months after the incident, daughter of one of deceased implicated the accused in her statement recorded by police under S. 161, Cr.P.C. alleging that the accused abetted the murder of her father---Daughter of deceased based her statement implicating the accused on the information imparted to her by two witnesses, however both said witnesses had not assigned any reason for their belated disclosure except that they were frightened---As per said two witnesses, the conspiracy was hatched by the accused at his own dera, whereas one of the co-accused made a confessional statement that the conspiracy was hatched at his (i.e. the co-accused's) dera---No overt act (as far as actual occurrence was concerned) was attributed to the accused by the witnesses or the co-accused---Case of accused was one of further enquiry falling within the ambit of S. 497(2), Cr.P.C.---Accused was admitted to bail accordingly. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- The petitioner has called in question the order dated 11.04.2017 whereby his petition for bail after arrest in case FIR No. 297 of 2015, offence under sections 302/34, P.P.C., registered at Police Station Ferozewala, District Gujranwala, was dismissed. 2. The FIR in this case was got registered by Syed Ghazanfar Ali Gillani. Petitioner is not named in the FIR. It was on 07.12.2015 that Mst. Sidra Batool, the daughter of one of deceased namely Syed Mohsin Ali Shah Gillani implicated the petitioner in her statement recorded by police under section 161, Code of Criminal Procedure with the allegation that he (petitioner) abetted the murder of her father and his mureed. She based her statement implicating the petitioner on the information imparted to her by Muhammad Farooq Ata and Naveed Ahmad. Thereafter, one Muhammad Mansha voluntarily surrendered before police on 26.04.2016 and got recorded his statement under section 164, Code of Criminal Procedure before a learned Magistrate on 28.04.2016 wherein he too…

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