Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302 & 34--Bail after arrest, grant of--Further inquiry--Unwitnessed occurrence--Accused nominate in FIR yet not on basis of direct evidence--FIR lodged with delay of two days--In investigation accused declared innocent and discharge report was not concerned by Magistrate--Co-accused declared guilty in investigation--Accused having no previous criminal record--Bail allowed. THIS ORDER PASSED BY: SYED SHAHBAZ ALI RIZVI, JUSTICE---.--- Muhammad Saleem, petitioner seeks post arrest bail in case FIR No. 274 dated 05.05.2017, offence under Sections 302 and 34, PPC registered at Police Station Alpa District Multan. 2. The allegation against the petitioner is that he along with his co-accused committed the murder of Abdul Haq, father of the complainant. 3. The complainant was present on the last date of hearing when on his request the matter was adjourned for hearing on today but despite repeated calls, none has turned up on his behalf hence, there is no other option but to proceed to decide this matter with the assistance of learned counsel for the petitioner as well as the learned Prosecutor. 4. Heard. Perused. 5. It has been observed that the crime report was got registered by the complainant about an occurrence that remained unwitnessed. Though the petitioner is nominated in the crime report yet not on the basis of any direct evidence about the murder occurrence and the fact also remains that the matter was reported…

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