Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail application---Adjudication---Scope---While deciding bail application court would consider allegations made in FIR, statements recorded under section 161 Cr. P. C., nature and gravity of charge, other incriminating material against accused, legal pleas raised by accused and relevant law. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, refusal of---Complainant had alleged that accused (husband of deceased) had murdered her daughter by strangulation---Accused was arrested soon after the alleged incident---Investigating Officer recovered from place of occurrence, one rope, one string, one hook of iron hanger and piece of cloth with which mouth of deceased was muzzled---Recovery was duly witnessed by private witnesses who had no ostensible reason to falsely implicate accused---Postmortem report supported prosecution case that death of deceased occurred due to cardio respiratory failure due to asphyxia caused by constriction of neck by ligature as in strangulation---Trial was in progress and prosecution had examined three witnesses; trial, as per prosecution, was at the verge of conclusion and could be concluded within a period of two or three months---Case of accused was hit by prohibition contained in S. 497(1), Cr.P.C.---Accused had failed to make out a case for grant of bail---Bail was refused accordingly. THIS ORDER PASSED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- Applicant namely Israr Ahmed, son of Iqbal Ahmed is seeking post arrest bail in FIR No. 465/2015 registered at Police Station Docks, Karachi for offences punishable under section 302/34, P.P.C. 2. Brief facts of the prosecution case are that on 18.10.2015 at about 1800 hours Complainant namely Mst. Razia, wife of Aslam lodged FIR No. 465/2015 at Police station Docks, Karachi that her daughter Mst. Seema was married to Applicant about 1 and a half year ago and out of the said wedlock one baby boy was born who is 3 to 4 months old. It is alleged by the Complainant that Applicant used to treat her daughter very badly with further assertion that rickshaw…

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