Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Complainant alleged that in-laws of his daughter used to maltreat and torture her and with their common intention she was murdered by her husband by throttling---Relations between the parties were admittedly strained and incident was also unseen---Allegation of murder, prima facie, appeared to be based on suspicion or earlier attitude of the accused persons which might be a circumstance but was not sufficient to qualify the requirement to deny discretion of bail i.e. existence of reasonable grounds to believe that accused was guilty of offence with which he was charged---Tentative assessment of available material showed that entire case depended upon hearsay evidence or at the most circumstantial evidence but no evidence was gathered by prosecution to connect the accused with alleged offence---Main allegation was against the co-accused (husband of deceased) who was in jail---Medical evidence also did not support the version of complainant; no marks of violence were found on the dead body except ligature marks during the medical examination and such fact was also admitted by the Medical Officer who conducted post-mortem examination of deceased---Complainant admitted enmity against accused persons hence plea of false implication could not be ruled out even at bail stage---No specific role was assigned to any of the accused; there was delay in lodging of FIR for which no plausible explanation was furnished by complainant---No sufficient evidence was brought to show that accused persons committed murder of deceased and benefit of doubt could be extended to accused---Accused persons could not be kept behind the bars for an indefinite period even on charge of murder in circumstances---Accused persons succeeded to make out a case for grant of bail under Subsection (2) of S. 497, Cr.P.C.---Bail was granted accordingly. Zaigham Ashraf v. State 2016 SCMR 18; Amir v. The State PLD 1972 SC 277 and Manzoor v. The State PLD 1972 SC 81 rel. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE:---.--- Through instant…

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