Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 324 & 34--Bail, refusal of--Short of constituting reasonable grounds--Pre-trial detention--Horizontal wound on front and right side of lower abdomen--Recovery of blood-stained churri--Absence of source of light--Injuries were confirmed but autopsy report--Evidentiary value of formidable pieces of evidences cannot be evaluated within restricted scope of tentative assessment--Dying declaration--Validity--Dying declaration was not attested by a Medical Officer and thus liable to be excluded from consideration even at pre-trial stage is also beside mark; a person under imminence of his death cannot be pinned down to follow a particular mode or procedure to share circumstances behind his death nor it can be expected that invariably he would depart this world under ideal conditions while observing technical formalities--Various pieces of prosecution evidence, cumulatively constitute "reasonable grounds" within contemplation of Section 497 of Cr.PC., and petitioner cannot be released on bail in absence of any consideration warranting further probe or inquiry--Bail was refused. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Behind bars since 4-6-2016, Muhammad Asif, petitioner herein, seeks admission to bail in a case of homicide, initially registered under Section 324 read with Section 34 of the Pakistan Penal Code, 1860 with Police Station Mumtazabad on the complaint of Abdul Sattar, a painter by profession; it is alleged that on the fateful day i.e. 15-5-2016 at about 2:30 p.m. when he returned home, he found his son Muhammad Aamir, aged 8/9, hereinafter referred to as the deceased, missing and set out in his search in the company of Muhammad Sadiq and Muhammad Aqib, PWs; as they came by a field, they spotted the deceased in injured condition, who informed them that the petitioner accompanied by an unknown co-accused induced him to accompany them in the field where, he dealt him a Churri blow in his abdomen and also burnt his right hand with a match. Motive for the crime is that petitioner's sister visited complainant's house and took away a cell…

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