Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Arms Ordinance (XX of 1965)

Section: 13

Law: Pakistan Penal Code, 1860

Section: 302,324

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 324---Pakistan Arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, attempt to commit qatl-i-amd, possessing unlicensed weapon---Bail, grant of---Further inquiry---Allegation against accused was that he along with co-accused persons, committed murder of his wife and after being nominated in the case, he remained fugitive from justice---Complainant, who was brother-in-law of accused-petitioner had charged him for the murder of his wife---No corroboration to the statement of complainant was available on record---Circumstances established that role of accused-petitioner required further probe---Accused was admitted to bail in circumstances. [Paras. 8 & 9 of the ] (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Further inquiry---Scope---When matter called for further inquiry into the guilt of accused, bail would be allowed to accused as of right and not by way of grace or concession. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Abscondence---Scope---Mere abscondence of accused would not be sufficient to refuse bail to him. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, J.--- Petitioner Bahadar Zeb implicated in case FIR No. 709 dated 14.11.2010 under sections 302/324, P.P.C., 13, A.O/512, Cr.P.C. registered at Police Station Khall, District Dir Lower is optimistic for grant of post arrest bail. 2. Prior to, an application for grant of bail was submitted before the Court of learned Sessions Judge/Zilla Qazi, Dir Lower at Timergara who vide order dated 14.11.2016 dismissed the petition to the extent of petitioner while the other accused-petitioner before the said learned Court was extended concession of bail. 3. Rahatullah, complainant of the case, in emergency room of the hospital along with corpse of Mst. Tasleem, wife of the petitioner, reported that his sister Mst. Tasleem was married to accused Bahadar Zeb. They became parents of three sons and one daughter. It was at evening time, he received information that his sister Mst. Tasleem has been killed by her husband Bahadar Zeb. He rushed to the house of his sister, he found her…

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