Law: Criminal Procedure Code (V of 1898)

Section: 164,497(2)

Law: Pakistan Penal Code, 1860

Section: 34,302,337A(i),496A

Two-Version-- ----Bail--It would be only the trial Court which would decide as to which of the version of the two is the correct one. 2011 SCMR 1725 ref. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 302, 337-A(i), 496-A, 34--Post-arrest bail, grant of--Further inquiry--Cross-version--Allegation of--Offence of murder petitioner, as called from evidentiary material produced before Court--Held: Mere involvement in a heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled or concession of bail--Petitioner, was arrested in this case, since then he is behind bars, he is previous non-convict, never involved in any case, investigation qua him is complete, his person is no more required for further investigation, therefore, his continuous incarceration would not serve any beneficial purpose at this stage--Case of petitioner becomes one of further inquiry covered by sub-section (2) of Section 497, Cr.P.C.--Liability of petitioner for said offences would be determined by trial Court after sifting evidentiary worth of material produced before same--Case of petitioner was of further inquiry--Bail was accepted. THIS ORDER PASSED BY: SADIQ MAHMUD KHURRAM, JUSTICE---.--- The petitioner namely Muhammad Ramzan is seeking post-arrest bail in the cross-version of case FIR No. 179 of 2018, dated 29.07.2018, registered at Police Station Rangpur, District Muzaffargarh, in respect of offences under Sections 302, 337-A(i), 496-A, 34, PPC. 2. The allegation, against the petitioner, as culled from the evidentiary material produced before the Court, is that on 29.07.2018 at about 10.00 a.m he along with his co-accused namely Khalid Mehmood, Muhammad Iqbalson of Murad, Muhammad Iqbal son of Allah Ditta and Ghulam Mustafa attacked Mst. Sumera Bibi and gave her beating whereupon the witnesses namely Sultan and Sajjad were attracted at the spot upon which the petitioner allegedly threw down son of Sumera Bibi namely Miraj Asif (deceased), who died as a consequence of the act of throwing him down, whereas the other accused gave beating to other son of Sumera Bibi namely Ammar Asif and Sumera Bibi ran away…

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