Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302 & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Accused, though was named in FIR but no specific role had been assigned to him except that accused along with co-accused made fire shots, and one fire shot hit on the head of the deceased---Accused was a juvenile at the time of occurrence, and it was not an intentional murder, rather, it was qatl-i-khata, and the Investigating Officer had prepared the challan under S.319, P.P.C., and submitted the same before the Prosecution Department, whereupon S.302, P.P.C., was added---Case had become of two versions i.e. one put forward by the complainant in the FIR, and the other came on record during investigation---Question as to which version was correct, would be determined by the Trial Court after recording evidence---Accused was previous non-convict and was never involved in any other case of like nature---Accused was behind the bars since 21-8-2017, but trial had not progressed---Complainant had also filed private complaint, which was still at initial stage and only cursory evidence was recorded; which had shown that there was no chance of early conclusion of the trial of the case---Investigation of the case to the extent of accused was complete and he was no more required for investigation---Mere heinousness of offence, was no ground to refuse bail---Case of accused, having become one of further inquiry covered by subsection (2) of S.497, Cr.P.C., he was granted bail, in circumstances. Ehsan Ullah v. The State 2012 SCMR 1137 and Zaigham Ashraf v. State and others 2016 SCMR 18 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Benefit of doubt---Benefit of doubt could be given to accused at bail stage. THIS ORDER PASSED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under section 497, Cr.P.C. the petitioner has sought bail after arrest in case FIR No. 98/17 dated 30.07.2017 under sections 302, 34, P.P.C., registered at Police Station Karianwala, District Gujrat. 2. I have heard the arguments advanced by learned counsel for the parties and have gone through the record…

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