Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,34

Law: Qanun-e-Shahadat (10 of 1984)

Section: 38

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qanun-e-Shahadat (10 of 1984), Art. 38---Qatl-i-amd, common intention---Bail, grant of---Confession to police officer not to be proved---Delayed supplementary statement--- Implication of accused on the statement of co-accused---Extra judicial confession---Further inquiry---Completion of investigation---Scope---Accused along with others was alleged to have committed murder---Accused was not nominated in the FIR rather implicated on the basis of extra judicial confession of co-accused---Complainant had made supplementary statement on the basis of extra judicial confession of co-accused after a delay of eight months of the alleged incident---Statements of witnesses of extra judicial confession did not contain any manner of commission of offence---Nothing was available on record to show as to who had strangulated the deceased---Only a rassi was recovered from the possession of accused, which was not sent to the Forensic Science Laboratory for analysis---Question of vicarious liability had to be determined at the time of trial---Except the statement of co-accused under S. 161, Cr.P.C., no evidence was collected by the Investigating Agency, which made the case of accused that of further inquiry under S. 497(2), Cr.P.C.---Statement of co-accused recorded by police during investigation was inadmissible in evidence---Investigation of the case was complete---Accused was not required by the police for further investigation---Accused was behind the bars since his arrest without any progress in the trial---Fair and speedy trial was one of the fundamental rights of accused---No moral or legal compulsion existed to keep the accused behind the bars for an indefinite period, which amounted to punishment without trial---Petition for grant of bail was accepted, in circumstances. Khan Sardar and another v. The State and another 2009 YLR 1076 ref. The State through Deputy Director Anti-Narcotic Force, Karachi v. Syed Abdul Qayum 2001 SCMR 14 fol. Raja Muhammad Younas v. The State 2013 SCMR 669 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497--- Bail--- Tentative…

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