Law: Criminal Procedure Code (V of 1898)

Section: 173,497(2)

Law: Pakistan Penal Code, 1860

Section: 34,302

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302/34--Bail after arrest, grant of--Further inquiry--Role of proverbial lalkara--Petitioner was arrested and during the course of investigation, nothing was recovered from his possession and the police has opined that the petitioner was not present at the crime scene at the time of occurrence--Report u/S. 173 of the Code of Criminal Procedure, 1898 has already been submitted before the trial Court and since then there is no progress in the trial--The petitioner is behind the bar since his arrest and his further incarceration for indefinite period would not serve any useful purpose for the prosecution--As far as Section 34, PPC is concerned, it is the trial Court, who would decide the question of common intention while appreciating the evidence adduced before it by both the sides--High Court found that there are sufficient reasons to believe that the case of the petitioner called further probe into his guilt within the scope of Section 497(2) of the Code of Criminal Procedure, 1898--Bail was allowed. THIS ORDER PASSED BY: MUHAMMAD WAHEED KHAN, JUSTICE---.--- Through the instant petition the petitioner seeks post-arrest bail in case FIR No. 256/18 dated 03.03.2018 registered u/S. 302/34, PPC, at P.S. Haji Pura, District Sialkot. 2. The brief allegation against the petitioner as per contents of FIR is that the deceased Muhammad Ikram, who was working with Maher Shahbaz, the petitioner, told his brother on the day of occurrence at about 02:00p.m. that he is not having good terms with Mehar Shahbaz, the petitioner and asked his brother, the complainant to go to the dera of Maher Shahbaz in the evening and took him back at home as he does not want to work with Mehar Shahbaz. At about 07:00p.m., in the evening, the complainant along with witnesses were coming from the dera of Mehar Shahbaz on motorcycle and when reached near TCS Office, they saw the petitioner's car and he while coming out of the car was asking Al-Maroof Booba s/o Maqbool alias Bola Bangali co-accused along with unknown person, who was on motorcycle that Ikram should be done to death, upon which the…

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