Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,109,161,302

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Bail, grant of---Further inquiry---Allegation against the accused was that he committed murder of complainant's daughter---Statements under S.161, Cr.P.C. of prosecution witnesses were recorded after about one month and thirteen days of the occurrence and the fact that they remained mum for such long period casted serious doubt---Complainant had already tendered his affidavit and recorded his statement that he had nominated accused due to suspicion and he had no objection for acceptance of bail application of the accused---Prosecution witness also filed his affidavit and recorded his statement that he had not seen the occurrence---Prosecution witness had denied the fact that she had filed private complaint with different date, time and story with different set of witnesses---Accused was previous non-convict, and was never involved in any criminal case; he was behind the bars since one year without any progress of trial; investigation qua accused was complete; challan was submitted in Trial Court---Mere heinousness of offence was no ground to withheld post-arrest bail---Bail was granted accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 161---Statement of witness---Scope---Delayed statements of prosecution witnesses recorded under S.161, Cr.P.C. had little value. (c) Criminal Procedure Code (V of 1898)--- ----S. 497--- Bail--- Benefit of doubt arising out of prosecution case could be extended to accused even at bail stage. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 497, Cr.P.C. the petitioner Mushtaq Ahmad has sought bail after arrest in case FIR No. . 149/2016, dated 14.04.2016 registered at Police Station Manawala District Sheikhupura in respect of offences under sections 302, 109, 34, P.P.C. 2. After hearing the learned counsel for the parties and going through the record of this case it has been noticed by this Court that this is bail after arrest and only tentative assessment is required at this stage. The allegation against the petitioner in the FIR is…

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