Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 109,302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 109---Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, abetment, unlicensed possession of arms---Bail, grant of---Further inquiry---Accused allegedly committed murder of his wife by firing at her---Accused also lodged a report regarding the same occurrence, wherein he alleged that on the day of occurrence he left home at 7.30 am for his work and his brother informed him that his wife had committed suicide with gun---Accused was directly charged in the FIR by complainant(brother) for committing murder of his wife but the occurrence was not witnessed by complainant or anybody else---Accused informed the complainant about occurrence on the same day and complainant party brought the dead body of deceased from the house of accused to his native village and buried her---After two days of occurrence complainant lodged the present FIR---Case of accused was that of further inquiry into his guilt under subsection (2) of S.497, Cr.P.C.---Bail was granted accordingly. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.--- Accused-petitioner Muhammad Dilar, after having been refused bail by the learned lower Court in case FIR No.32, dated 18.12.2016 under sections 302/109 of Pakistan Penal Code, 1860, read with section 15 AA KPK, registered at Police Station Lora, District Abbottabad, has approached to this Court for the same relief by filing the instant bail petition. 2. The allegation against the accused-petitioner, as reveals from the report. of Fazal-i-Tariq son of Fazal-i-Rabbi, complainant lodged by him on 18.02.2016 at 1400 hours, is that her sister Mst. Nooria Bibi was married to accused/petitioner, who committed her murder at the instance of his first wife by firing at her. 3. Arguments of the learned counsel for the . accused/petitioner and learned State Counsel heard and the record perused. The complainant despite his personal service refused to appear before the Court. 4. Perusal of record would reveal that the…

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