Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 148,149,302

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302, 148 &149--Post-arrest bail, grant of--Allegation of--Qatal-e-Amad--Recovery of rifle--Non-collection of empties--Applicability of offence--Further inquiry--Empties were not collected from spot--Therefore, said recovery is not helpful to case of prosecution at this stage--Furthermore, applicability of offence u/S. 302, PPC and vicarious liability of petitioner will be determined by trial Court after recording of evidence--Petitioner's guilt in matter definitely calls for further probe or inquiry--So, mischief subsection (2) of section 497, Cr.P.C. is attracted to his case, as per law laid down by August Supreme Court of Pakistan in cases--Petitioner is behind bars and he cannot be kept behind bars for an indefinite period, as it would not serve any useful purpose--Petition was allowed. 2012 SCMR 1955; 2012 SCMR 1137 and 2014 SCMR 12 ref. THIS ORDER PASSED BY: SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE---.--- Through this petition, Haji Muhammad, the petitioner, seeks post-arrest bail in case FIR No. 78/2015, dated 29.03.2015 lodged under Section 302/148/149, PPC at Police Station Kangan Pur, District Kasur. 2. Precisely, the allegation against the petitioner is that he alongwith his co-accused while armed with deadly weapons committed Qatal-e-Amd of Amjad Ali, deceased. 3. Heard. Record perused. 4. In compliance of order passed by this Court on 25.02.2019, Medical Officer, District Jail, Kasur has submitted his report. The relevant portion of the medical report is reproduced herein below: "He is an old man of 60 years of age having paralysis of left side of body (left Hemiplegia). He is admitted in jail hospital since admission in the jail dated 23.07.2018. He was examined by District Physician District Headquarter Hospital, Kasur. There is history of cerebrovascular accident one year back when he developed weakness of left side of body. On examination left planter is going up and right planter going down. On CT scan Bran Hypodence an area suggestive of infects are noted in bilateral frontarietal lobes. Ventricular and extra ventricular CSF spaces are dilated…

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