Law: Criminal Procedure Code (V of 1898)

Section: 161,173,497,497(2)

Law: Pakistan Penal Code, 1860

Section: 34,302,324

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, 1860, Ss. 302, 324 & 34--Bail after arrest--Grant of--Further inquiry--Allegation of--Tresspassing into the house--Common intention--Forced deceased to divorce his wife, on refusal, tied him with ropes and ablaze him--Prosecution has two versions vis-a-vis petitioner, one put forwarded by complainant while nominating petitioner to have set deceased on fire and other one is outcome of investigation that he was not present at place of occurrence at relevant time--In given circumstances, case of petitioner requires further probe and inquiry into his guilt under sub-section (2) of Section 497 CrP.C--Petitioner is behind bars since his arrest without substantial progress in conclusion of trial and at this juncture, his physical custody is not required to investigating agency any more for further investigation and, thus, his further incarceration for an indefinite period would serve no useful purpose for prosecution--Bail was granted. THIS ORDER PASSED BY: ASJAD JAVAID GHURAL, JUSTICE---.--- Though this petition under Section 497, Cr.P.C., petitioner Zafar Iqbal alias Pappu has sought post arrest bail in case FIR No.400 dated 24.05.2017, in respect of offences sunder Sections 302, 324 & 34 PPC, registered at Police Station, New Multan. 2. The allegation against the petitioner, in brief, as contained in the crime report, is that on 24.05.2017 at 03:00 a.m., he alongwith two nominated accused persons, in furtherance of their common intention, came in the house of his brother-in-law (Behnoi) namely Munawar Shah (son of the complainant), forced him to divorce Mst. Shaheen Mai and on his refusal, tied him with the ropes and then ablaze him. 3. I have heard learned counsel for the petitioner as well as learned Deputy District Public Prosecutor appearing for the State assisted by the learned counsel for the complainant and perused the record. 4. The petitioner and his co-accused were saddled with the joint responsibility of trespassing into the house of the deceased and on his refusal to divorce the petitioner's sister, they tied him with ropes and set him on fire, who subsequently…

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