Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Pakistan Arms Ordinance, 1965

Section: 13

Law: Pakistan Penal Code, 1860

Section: 302,322

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 302---Pakistan Arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, possessing unlicensed arms---Bail, grant of---Further inquiry-Scope---Honour killing---Scope---Compromise affected between the parties---Scope and effect---Trial Court refused bail while not endorsing the compromise entered into by the parties---Final police report did not mention that the murder was one of the honour killing, rather pure/simple murder of a wife by her husband as alleged; secondly, the father and mother of deceased lady were not alive and the complainant, who was real brother of the deceased, had effected compromise with the petitioner---Grandfather of the children was taking care of the minors and they (children) were suffering because firstly, they had lost love and affection of their mother and secondly, a grandfather could not take the needed care of the children as compared to a real father (petitioner in the present case)---No useful purpose would be served by detaining the petitioner in jail---Case of the petitioner called for further inquiry as envisaged under S. 497(2), Cr.P.C.---Petitioner was admitted to bail, in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.--- The petitioner has been booked for the offence under section 302, P.P.C. read with section 13, A.O. vide FIR No. 13/2018 of police station Nomal Gilgit. 2. Initially the case was registered under section 322, P.P.C. as it was alleged that the deceased lady Mst. Haseena committed suicide. Later on during investigation and on receipt of postmortem report of the deceased it revealed that the fire shot on the deceased was opened from a distance of more than 5 feet. The petitioner was booked under section 302, P.P.C. for murder of his wife and a 9 mm pistol and one crime empty were also taken into possession by the I.O. of the case as a case property. 3. The petitioner was committed to judicial lockup who applied for post arrest bail which was declined by the learned trial Court vide judgment/order dated 13.3.2019, hence this petition for the concession of bail. 4. The learned counsel for the petitioner submitted that the…

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